Ontario
Common-law gives partners support rights, but no automatic property rights. An agreement is how both partners decide together what’s shared and how things work.
Ontario cohabitation agreementsCohabitation agreements
Moving in together? Your province decides what that means. So can you.
Canadian provinces treat common-law couples very differently. Pick yours to see the law that applies, and how a cohabitation agreement lets you choose your own terms.
Available in:
Written and reviewed by practicing lawyers.
Written and reviewed by Amanda Baron & Aimee Schalles,
practising Canadian lawyers.
Last reviewed July 2026
Province-specific by design
Cohabitation law is provincial.
Your agreement is too.
British Columbia
After two years living together, the law treats partners like spouses for property division. An agreement is how both partners customize what gets shared and what stays separate.
BC cohabitation agreementsAlberta
After 3 years living together (or earlier with a child), the Adult Interdependent Relationships Act (AIRA) gives partners spousal status, and the Family Property Act then treats them like married couples for property division. An agreement is how both partners set their own terms.
Alberta cohabitation agreements
Why your province matters
Same relationship, different laws
Family law in Canada is provincial. The identical situation, a couple living together unmarried, carries different consequences depending on where you live, how long you’ve been together, and whether you have a child.
In Ontario
Cohabitation never creates automatic property rights. Whoever holds title or owns an asset typically keeps it, even after decades together. You can, however, be required to pay spousal support after living together for 3 years (sooner if you have a child).
In British Columbia
The opposite is true: after 2 years in a marriage-like relationship (earlier with a child), the Family Law Act treats you identically to married spouses.
In Alberta
The Family Property Act treats unmarried couples who have lived together for 3 years (earlier with a child or formal agreement) the same as married couples.
A cohabitation agreement is how you replace your province’s default rules with terms you both choose. That’s the whole point: the law decides for you unless you decide together.
A common misconception
“We’ve been together long enough, the
law already sorts this out fairly”
The assumption
“After all these years living together, we must have the same rights as a married couple, and the law will split things evenly if we ever part.”
What the law actually does
It depends entirely on your province, and the default is often not what couples expect.
In Ontario, living together never creates automatic property rights, no matter how long it’s been. In BC and Alberta, the opposite can be true after two or three years, depending on the province. A cohabitation agreement is how you replace the guesswork with terms you both actually chose.
An illustrative example
Maya has paid half the mortgage for
ten years. The house isn’t hers.
Maya and Greg live in Ontario. Greg owns the house; Maya has paid half the mortgage and most of the utilities for a decade. They never married.
If the relationship ends, Ontario’s Family Law Act gives Maya no automatic share of the home, regardless of her contributions. Her main recourse would be an expensive, uncertain court claim.
Maya and Greg decide together, up front, how the home and their contributions should be treated. Ten minutes of clarity now instead of years of litigation later.
Made for your life
What your cohabitation agreement can cover
Plain-language prompts, lawyer-designed options, and province-specific terms, decided by the two of you.
Start for free- What each partner brings in, and what stays separate
- How shared expenses and the home are handled
- A home you buy together, or one partner already owns
- Spousal support expectations, including whether it applies
- Businesses, investments, inheritances, and family gifts
- Debts, pets, and what happens if you separate or marry
Make it even stronger with independent legal advice
Each partner reviewing the finished agreement with their own lawyer is required in some provinces, recommended everywhere. Jointly’s partner lawyers make the review affordable and efficient, with flat fees shown up front in the portal.
How ILA works
“Jointly made creating our cohabitation agreement feel approachable and stress-free. No legal confusion, just clear, thoughtful guidance.”
Cohabitation questions
Frequently asked
Do common-law partners have the same rights as married couples?
It depends on your province, and the differences are dramatic. BC treats you the same as married couples after 2 years living together. Ontario never gives automatic property rights, though support can arise after 3 years or with a child. Alberta’s framework applies after 3 years, or sooner with a child. This is why the same agreement means something different in each province, and why yours is built for where you live.
When should we get a cohabitation agreement?
The cleanest moment is before or shortly after moving in, while expectations are easy to talk about and before provincial thresholds are crossed. Buying a home together is the other big trigger. Later is still far better than never.
What if we get married later?
A well-drafted cohabitation agreement can be written to continue as your marriage contract if you marry, and Jointly’s agreements address this, so your agreement can evolve with you.
Can a cohabitation agreement be changed?
Yes, together, at any time. Jointly is built to make updating straightforward, so a new home, a new job, or a new child never makes your agreement stale.
