Buying a home is one of the biggest financial and emotional investments most people make. For couples in Ottawa and across Ontario who are living together but not married, an important question often arises: How do we protect ourselves financially while buying property together? This is where a Cohabitation Agreement comes into play.
What is a Cohabitation Agreement in Ontario?
A cohabitation agreement is a legally binding contract between two people who are living together in a relationship but are not married. It outlines the rights and responsibilities of each partner. Particularly when it comes to property ownership, financial contributions and what happens if the relationship ends.
In Ontario, cohabiting couples, don’t automatically have the same legal rights as married couples under family law. That means if you and your partner purchase a home together, the law may not protect you in the same way it would if you were married. A cohabitation agreement ensures there’s clarity from the start.
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Why Is It Important for Buyers?
For couples considering buying real estate together in Ottawa (or anywhere in Ontario) a cohabitation contract can be a safeguard for both partners. Here’s why:
- Property Ownership – The agreement can spell out how the home will be owned. For example, will it be joint tenancy (equal ownership with survivorship rights) or tenants in common (ownership split by a percentage)?
- Financial Contributions – It allows partners to record who contributed what for the down payment, mortgage payments, renovations or ongoing household expenses. This is especially important if one partner is contributing significantly more than the other.
- Exit Strategy – Life can change. If the relationship ends, a cohabitation agreement sets out how the home will be divided, who gets to stay or whether the property should be sold. This reduces the potential for costly legal disputes.
- Estate Planning – In the unfortunate event that one partner passes away, the agreement can work hand in hand with a will to ensure property is transferred according to the couple’s wishes.
Living Together but Not Married
Many Canadians are choosing to live together without getting married. According to Statistics Canada, common-law relationships are one of the fastest-growing family structures in the country. In Ottawa, this trend is very visible, especially among younger buyers entering the real estate market for the first time.
Without a cohabitation agreement, partners in a common-law relationship may face uncertainty if they split. Unlike married couples, who have specific property division rules under Ontario’s Family Law Act, common-law partners don’t share the same automatic rights. That means one partner could be left at a financial disadvantage despite contributing significantly to the relationship or the home.
Example of a Cohabitation Agreement
Every cohabitation agreement is unique and tailored to the couple’s situation. Here’s an example of what might be included:
- Ownership Details: “Partner A owns 60% of the property, Partner B owns 40%.”
- Mortgage & Expenses: “Partner A will contribute 60% and Partner B will contribute 40% to the monthly mortgage, utilities and maintenance costs.”
- Separation Clause: “If the relationship ends, the property will be listed for sale and proceeds divided according to ownership percentages.”
- Personal Property: Guidelines for how furniture, vehicles or other assets will be divided.
While it’s possible to draft an agreement without legal help, having a lawyer draft or review it ensures the agreement is enforceable in Ontario courts.
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Real Estate & Legal Professionals Working Together
If you’re planning to buy a home with your partner in Ottawa, working with both a trusted real estate agent and an experienced family lawyer is the best way to protect your interests.
As realtors, we guide clients through the financial and logistical aspects of home buying. This includes mortgage approvals, home inspections and closing costs. A lawyer can then help put the agreement in place so that both partners are legally protected.
Final Thoughts
Purchasing a property with a partner is exciting; it’s a new chapter and often a dream come true. But without proper planning, it can also bring risk, especially for couples who aren’t married. A cohabitation agreement is a practical, proactive step to ensure both partners’ interests are safeguarded.
If you’re a couple thinking about buying in Ottawa, ask yourself: Do we have a clear plan if life doesn’t go as expected? With a cohabitation agreement, you can move forward with peace of mind, knowing you’ve covered all of your bases while focusing on building your future together.
Ready to buy? Get in touch with us today, we’d love to help you find your place in the capital! Call 613.909.8100 or reach us by email at info@PilonGroup.com.

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