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Common Law Partner Agreement

QGlanding

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Your Common Law Partner Agreement

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COHABITATION AGREEMENT

THIS COHABITATION AGREEMENT (the "Agreement") dated this ________ day of ________________, ________.

BETWEEN:

_____________________
of _________________________

- AND -

_____________________
of _________________________

BACKGROUND

This Agreement is made between _____________________ and _____________________ (collectively the "Parties" and individually a "Party") who presently reside in a non-marital cohabitation, although there is no present intention to marry.
The Parties' non-marital cohabitation began or would begin on approximately the ________ day of ________________, ________.
The Parties wish to enter into this Agreement to provide for the status, ownership, and division of property between them, including future property owned or to be acquired by either or both of them.
The Parties further wish to affix their respective rights and liabilities that may result from this relationship.
The Parties recognize the possibility of unhappy differences that may arise between them. Accordingly, the Parties desire that the distribution of any property that either or both of them may own will be governed by the terms of this Agreement and, insofar as the statutory or case law permits, intend that any statutes that may apply to them, either by virtue of Federal or Provincial legislation, will not apply to them.
Each Party has retained their own lawyer and has received independent legal advice regarding the terms of this Agreement.
The Parties acknowledge that neither is under any duress or undue influence of the other, and that they are voluntarily entering into this Agreement.
The Parties have disclosed to the satisfaction of each of them all assets and liabilities that each may have.

NOW THEREFORE in consideration of the upcoming cohabitation agreement, and in consideration of the mutual promises and covenants contained in this Agreement, the Parties agree as follows:

PROPERTY
The Parties acknowledge that this Agreement will govern any determination of ownership of property that may occur in the event of the Parties separating, or upon the death of a Party.
All jointly acquired or jointly held property, however and whenever acquired, will remain the property of and be owned by both Parties and will be treated as shared property (the "Shared Property").
Except as otherwise provided in this Agreement, all property will be treated as property owned solely by either one of the Parties (the "Separate Property") except where:
1. it is Shared Property; or
2. there is proof of shared legal ownership.
Nothing in this Agreement will prevent or invalidate any gift, or transfer for value, from one Party to the other of present or future property.
Unless a Party can reasonably show that they solely own a piece of property, where either Party commingles jointly owned property with Separate Property, any commingled property will be presumed to be Shared Property.
DEBTS
The Parties acknowledge that this Agreement will govern any determination of responsibility of debts that may occur in the event of the Parties separating, or upon the death of a Party.
All jointly acquired or jointly held debts, however and whenever acquired, will remain the debts of and be owed by both Parties and will be treated as shared debts (the "Shared Debts").
Except as otherwise provided in this Agreement, all debts will be treated as debts owed solely by either one of the Parties (the "Separate Debts") except where:
1. it is Shared Debt; or
2. there is proof of shared legal responsibility.
SUPPORT
The Parties agree that the investment of time or labour with respect to personal service in the property of the other, or otherwise, will be deemed to have been made gratuitously, and without expectation or right of compensation unless agreed to the contrary in writing.
It is the intention of the Parties to forever release each other from any support obligations now and in the future no matter how their circumstances may change. They will not apply now or in the future under any legislation for support. They each waive any rights they may have to proceed against the other under any law or statute for support and rely upon the law of contract to govern in respect of this issue.
The Parties realize that their respective financial circumstances may be altered in the future by changes in their health, the cost of living, their employment, their marital status, the breakdown of their relationship, or otherwise. No such changes will give either Party the right to seek support under any legislation. It is understood by each Party that this Agreement represents a final disposition of all support issues between them.
ESTATES AND TESTAMENTARY DISPOSITION
Nothing in this Agreement will limit or affect any rights that each may acquire as a cohabitant or cohabitant in the property, assets or estate of the other cohabitant.
Nothing in this Agreement will invalidate or prevent either Party from naming the other as a beneficiary by will or other testamentary disposition.
SEVERABILITY
Should any portion of this Agreement be held by a court of law to be invalid, unenforceable, or void, such holding will not have the effect of invalidating or voiding the remainder of this Agreement, and the Parties agree that the portion so held to be invalid, unenforceable, or void, will be deemed amended, reduced in scope, or otherwise stricken only to the extent required for purposes of validity and enforcement in the jurisdiction of such holding.
INTENTION OF THE PARTIES
Notwithstanding that the Parties acknowledge and agree that their circumstances at the execution of this Agreement may change for many reasons, including but without limiting the generality of the foregoing, the passage of years, it is nonetheless their intention to be bound strictly by the terms of this Agreement at all times.
DUTY OF GOOD FAITH
This Agreement creates a fiduciary relationship between the Parties in which each Party agrees to act with the utmost of good faith and fair dealing toward the other in all aspects of this Agreement.
FURTHER DOCUMENTATION
The Parties agree to provide and execute such further documentation as may be reasonably required to give full force and effect to each term of this Agreement.
TITLE/HEADINGS
The headings of this Agreement form no part of it, and will be deemed to have been inserted for convenience only.
ENUREMENT
This Agreement will be binding upon and will enure to the benefit of the Parties, their respective heirs, executors, administrators, and assigns.
GOVERNING LAW
The laws of the Province of Alberta will govern the interpretation of this Agreement, and the status, ownership, and division of property between the Parties wherever either or both of them may from time to time reside.
TERMINATION OR AMENDMENT
This Agreement may only be terminated or amended by the Parties in writing signed by both of them.

IN WITNESS WHEREOF the Parties have hereunto set their hands and seals on the ________ day of ________________, ________.

SIGNED, SEALED AND DELIVERED
In the presence of:

_____________________________
Witness
Printed Name: _________________

________________________
_____________________

_____________________________
Witness
Printed Name: _________________

________________________
_____________________

CERTIFICATE OF INDEPENDENT LEGAL ADVICE

THE PROVINCE OF ALBERTA
CITY OF _______________

I, ____________, of the City of ___________________, in the Province of Alberta, Barrister and Solicitor, DO HEREBY CERTIFY:

THAT I was this day consulted in my professional capacity by _____________________, named in the within instrument, being a Cohabitation Agreement, separate and apart from _____________________, as to _____________________'s legal rights and liabilities under the terms and conditions of it, and that I acted solely for _____________________, and explained fully to _____________________ the nature and effect of the said Cohabitation Agreement and _____________________ did execute it in my presence, and did acknowledge and declare that _____________________ was executing it of _____________________'s own volition and without any fear, threats, compulsion or influence from _____________________, or any other person.

DATED at the City of ___________________, in the Province of Alberta this ____________ day of _________, 20___.

________________________
BARRISTER & SOLICITOR
Print Name: _____________

I, _____________________, the person named in the annexed Agreement, hereby acknowledges the foregoing this ____day of ______________20___.

________________________
_____________________

CERTIFICATE OF INDEPENDENT LEGAL ADVICE

THE PROVINCE OF ALBERTA
CITY OF _______________

I, ____________, of the City of ___________________, in the Province of Alberta, Barrister and Solicitor, DO HEREBY CERTIFY:

DATED at the City of ___________________, in the Province of Alberta this ____________ day of _________, 20___.

________________________
BARRISTER & SOLICITOR
Print Name: _________________

I, _____________________, the person named in the annexed Agreement, hereby acknowledges the foregoing this ____day of ______________20___.

________________________
_____________________

ADULT INTERDEPENDENT PARTNER AGREEMENT

BETWEEN:

_____________________
of _________________________

- AND -

_____________________
of _________________________

We understand that by entering into this Agreement we will become each other’s adult interdependent partner and will have all the benefits and obligations of adult interdependent partners under Alberta law.

We agree that
1. each of us is 16 years of age or older,
2. neither of us is a party to an ongoing marriage or adult interdependent partner agreement, and
3. we are living or intend to live together in a relationship of interdependence.
We understand that this Agreement will expire if we become former adult interdependent partners pursuant to the Adult Interdependent Relationships Act.

In witness whereof we have executed this Agreement in ___________________, _____________ this ________ day of ________________, ________.

_____________________________
Witness
(Print name and address below)

________________________
Adult Interdependent Partner

_____________________________
Witness
(Print name and address below)

________________________
Adult Interdependent Partner

Guardians’ Signatures (if applicable)

_____________________________
Guardian of ___________________
Date: ____________________""_____________________________
Guardian of ___________________
Date: ____________________
(Print name)

_____________________________
Guardian of ___________________
Date: ____________________
(Print name)

NOTES:
Each adult interdependent partner’s signature must be witnessed by 2 witnesses.
If either adult interdependent partner is under the age of 18 years, the guardians of that person must sign above indicating their consent to the person entering into the Adult Interdependent Partner Agreement.
A person who is under the age of 18 years may not enter into an Adult Interdependent Partner Agreement if the person is related to the other party by blood or adoption.
An Adult Interdependent Partner Agreement may be part of or attached to another agreement between the parties.
If an Adult Interdependent Partner Agreement is part of or attached to another agreement between the parties that contains one or more provisions relating to the property of one or both of the parties, the parties are advised to seek legal advice as to their rights and obligations in respect of that property.

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What is a Cohabitation Agreement?

A Cohabitation Agreement is a contract that establishes the rights and responsibilities of a couple that lives together but is not married.

Looking for a Cohabitation Agreement in French?

Use our Contrat de vie commune.

Use this Cohabitation Agreement template to outline matters such as:

Household expenses and shared finances
Property and asset ownership
Debt responsibilities
Spousal support if the relationship ends

Our template also includes a Cohabitation Agreement Checklist to help you execute your document legally and complete an estate plan.

A Cohabitation Agreement is also known as:

Adult interdependent partner agreement
Common-law partner agreement
Living together agreement

Who should have a Cohabitation Agreement?

If you’re living with your long-term partner but aren’t sure you’ll get married, a Cohabitation Agreement is a crucial document to have.

This is because your relationship may qualify as common law (also known as a de-facto relationship or domestic partnership) which can have big legal and financial impacts on your life.

(For something less personal, create a tenancy with our Residential Lease Agreement.)

Why is having a Cohabitation Agreement necessary?

Documenting your relationship with a Cohabitation Agreement is crucial for protecting your best interests and enforcing your rights. For example, as a common-law couple, you may be eligible for:

Inheritance if one spouse dies without a Last Will
The ability to file joint tax returns
Access to program benefits

To qualify for these things, cohabiting couples may have to prove their relationship. A Cohabitation Agreement is valuable evidence if you’re ever questioned about your common-law relationship.

What’s more, this agreement can stop a battle before it starts. Imagine an unmarried couple that splits and disagrees on who gets what at the end of their relationship. Without a contract to refer to, the couple can easily end up in a lengthy and expensive legal dispute.

Even if the disagreement doesn’t go to court, the whole ordeal can be traumatic. Use a Cohabitation Agreement to specify property rights and financial responsibilities from the beginning of your relationship. That way, you can protect your best interests and stay transparent with your partner.

What’s the difference between a Cohabitation Agreement and a prenup?

Both of these documents can specify shared and separate property. However, couples create a Prenuptial Agreement to be valid specifically during and after marriage.

How do I write a Cohabitation Agreement?

Use LawDepot’s Cohabitation Agreement template to write your own document.

Of course, each partner should get independent legal advice to ensure the agreement is fair. However, you can save time and money by drafting this document yourself and bringing it to your lawyer for a quick review.

To complete our questionnaire and draft your Cohabitation Agreement, be prepared with the following information:

1. General details

You’ll need to provide some basic information, such as:

Your and your partner’s names
Where you live
When you started (or will start) living together

If you live in Alberta, our template also gives you the option to include an Adult Interdependent Partner Agreement for more comprehensive protection as an unmarried couple.

2. Expenses

If you’d like, you can specify how you’ll divide household expenses. For example, you can:

Pay all or some of the expenses from a joint account
Split the expenses by percentage, type of expense, or according to each partner’s income

3. Assets

You can list the assets that each party owns and keeps separate. By doing this, there will be no question of who owns what if the relationship ends.

On top of that, you may list your current shared assets (e.g., a vehicle or your house). Generally, you can divide shared assets:

Equally between the parties
According to each partner’s financial contributions
By paying half of the asset’s value to one party so the other can have sole ownership

Of course, you can also write specific terms for dividing shared assets. In this case, our questionnaire gives you tips for drafting this term.

4. Debt

Just like your assets, it’s crucial to document any shared or separate debts. For instance, if one party already owes a debt, they might specify that they will retain responsibility for repaying this debt on their own. Otherwise, you might want to state that responsibility for all shared debts will be divided equally between the partners.

5. Children

If you have dependent children from a past relationship or with each other, it’s crucial to name them in your Cohabitation Agreement. If you separate, the document clearly states that any parental rights and responsibilities will be governed by the laws of your province or territory.

6. Final details

Consider the legal rights that cohabiting couples may be entitled to, and address them in your Cohabitation Agreement if you’d like more control over your relationship.

For example, common-law partners are generally entitled to support if they’ve been living like a married couple for more than two or three years.

What’s more, they may also have inheritance rights if one person passes away without a Last Will and Testament.

You can let the law determine spousal support and inheritance rights, or you can specify your own terms in your Cohabitation Agreement. If your terms are fair and agreeable, courts will typically enforce them.

Are Cohabitation Agreements legally binding?

Yes, when executed correctly, courts generally uphold and enforce Cohabitation Agreements.

Like any contract, certain elements must be present for the document to be legally binding:

Offer and acceptance: You and your partner create an offer when negotiating the cohabitation terms. When you both sign the document, you signal your acceptance.
Consideration: Each party must exchange something of value and benefits from the agreement. In this case, you and your partner benefit from your living arrangement and spousal rights.
Mutuality: You must have honest intentions to enter into the contract.
Legality: None of the contract terms can break the law. For example, an agreement where the division of assets/debts only applies when one person does all the housework (and if they don’t, the other gets all the assets and no debt) would likely make the agreement unenforceable. This would be illegal as it would likely qualify as coercion.
Capacity: You and your partner must be legal adults with mental capacity.

If someone wants to contest your Cohabitation Agreement, the onus will be on them to prove how it’s invalid in court.

Should I notarize my Cohabitation Agreement?

Canadian laws don’t require you to notarize your agreement. However, doing so helps verify the parties’ signatures and their intent to create a contract.

On the other hand, it’s crucial for each party to consult a lawyer to ensure the document is fair. LawDepot’s template includes a certificate of independent legal advice for your lawyer to sign after reviewing the document. (Most lawyers have the power to notarize your document too.)

You’ll also need two witnesses for each party’s signature. The same two people can witness both signatures, and your lawyer can also be a witness.

Free Common Law Partner Agreement

Create Your Free Common Law Partner Agreement

Common Law Partner Agreement

QGlanding

Your Common Law Partner Agreement

What is a Cohabitation Agreement?

Who should have a Cohabitation Agreement?

Why is having a Cohabitation Agreement necessary?

What’s the difference between a Cohabitation Agreement and a prenup?

How do I write a Cohabitation Agreement?

1. General details

2. Expenses

3. Assets

4. Debt

5. Children

6. Final details

Are Cohabitation Agreements legally binding?

Should I notarize my Cohabitation Agreement?

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