Acquisition Agreement for Separately Owned Asset | Canada

Do you and your significant other live together? Are you planning to? If you live in Alberta, you should sign this Cohabitation Agreement.

• A cohabitation agreement is an effective means for any couple to determine what happens with respect to property division and spousal support if they split up.
• The Alberta Matrimonial Property Act does not apply to common law couples. An agreement can ensure that your home and other assets are divided fairly.
• You can also set out how your children will be raised, supported and cared for.
• Before signing, you will need to see a lawyer to obtain independent legal advice. For your convenience, the template includes a Certificate of Independent Legal Advice for each party.

Use this Canada Cohabitation Agreement for Same Sex Couple to set the terms of how your property and assets will be owned, and how your children will be raised and supported.

• The Agreement can be used anywhere in Canada.
• The parties agree that each of them retains full ownership of any assets they owned individually before they started living together.
• Any property acquired during the relationship will be joint property unless the partners specifically agree otherwise in writing. All jointly owned property will be divided equally between them if they separate.
• Each partner is responsible for paying his or her own debts.
• The partners agree to take joint responsibility for raising, supporting and caring for the children they have together.
• If either partner has a child from a previous relationship, that child's parent will be primarily responsible for his/her rearing.
• Each partner waives any legal right to claim a portion of any gifts or inheritances left to the other partner.
• Before you sign the Agreement, you and your partner must get independent legal advice from a lawyer. The required form of Certificate of Independent Legal Advice is included.

The status of common law partners changes from province to province. That's why the Canada Cohabitation Agreement for Same Sex Couple is so important. Get your copy today.

Cohabiting couples in Ontario can establish their rights and obligations and the ownership of their separate and joint property in a Cohabitation Agreement, under section 53 of the Family Law Act.

• The Agreement allows you and your partner to specify which assets each of you owned prior to the relationship, and which are jointly owned by both of you.
• You can also set out how your joint assets will be distributed if you decide to end the relationship.
• You can also agree upon how household expenses will be split, and who is responsible for other debts. For instance, if your partner owes money on a student loan incurred before you met, he/she may be solely responsible for paying it off.
• If the two of you decide to get married, the Cohabitation Agreement becomes a prenuptial (pre-marriage) agreement.
• You will both need to get independent legal advice from a lawyer before you sign the Agreement. A Certificate of Independent Legal Advice is included for each of you, which the lawyer will sign after seeing you.

Ontario law treats married and cohabiting couples differently with respect to property rights. Make sure yours are protected - get this Ontario Cohabitation Agreement.

After 2 years of living together, common law couples in Saskatchewan have the same rights and obligations under the law as married couples. You can change that by signing a Cohabitation Agreement.

• A cohabitation agreement gives you a chance to establish who owns what property. For instance, each partner would continue to own the assets that they owned when they entered the relationship.
• Any property jointly acquired by the parties would be divided equally between them if the relationship ends, or would be sold and the sale proceeds split evenly.
• The Agreement contains a provision that each partner is responsible for his or her own debts and financial obligations.
• The partners will be jointly responsible for raising, supporting and caring for any children they have together.
• Before signing the Agreement, you and your partner must get independent legal advice from a lawyer. A Certificate of Independent Legal Advice for each party is included as part of the document, and must be signed by the lawyer.

The Saskatchewan Cohabitation Agreement allows you and your common law partner to determine what your obligations are, which can be different from those conferred by provincial law.