Free Cohabitation Agreement - Canada

Free Cohabitation Agreement - Canada

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Cohabitation Agreement - Canada

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Cohabitation Agreement - Canada

Create your Cohabitation Agreement

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Alberta

ABBuilt for Alberta
Different provinces have different rules and regulations. Your Cohabitation Agreement will be customized for Alberta.



Frequently Asked Questions
What is a Cohabitation Agreement?A cohabitation agreement is a written agreement between parties who have chosen to live together, without being married.

Our Cohabitation Agreement provides both monetary and emotional security. This Cohabitation Agreement sorts out current and future financial and property issues prior to cohabitation. In general, it sets out who the parties are, what their current assets and liabilities are, and how all current and prospective property will be dealt with in the event of relationship breakdown.

This Agreement also deals with issues such as spousal support, inheritance from one spouse in case of death, and acknowledgment of dependent children.
What if the couple does not live in the same province?If both Parties reside in different provinces, then usually you should choose the province of the spouse where both Parties will reside after cohabitation (e.g. If one Party resides in Ontario and the other Party resides in Manitoba and both will cohabite in Ontario, then select Ontario).

However, if both Parties reside in provinces other than the one that Parties will reside after cohabitation, then you may select either province that you reside at currently (e.g. If one Party resides in Ontario and the other Party resides in Manitoba and both will cohabite in Alberta, then select either Ontario or Manitoba).


Your Cohabitation Agreement

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COHABITATION AGREEMENT



THIS COHABITATION AGREEMENT (the "Agreement") dated this 19th day of November, 2017.

BETWEEN:

_____________________
of _________________________, ______________,
Alberta, Canada

- AND -

_____________________

of _________________________, ______________,
Alberta, Canada

BACKGROUND

  1. This Agreement is made between _____________________ and _____________________ (collectively the "Parties" and individually a "Party") who presently reside or intend to reside together in the future, in a non-marital cohabitation, although there is no present intention to marry.
  2. The Parties' non-marital cohabitation began or would begin on approximately the 19th day of November, 2017.
  3. 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.
  4. The Parties further wish to affix their respective rights and liabilities that may result from this relationship.
  5. 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.
  6. Each Party has retained their own lawyer and has received independent legal advice regarding the terms of this Agreement.
  7. The Parties acknowledge that neither is under any duress or undue influence of the other, and that they are voluntarily entering into this Agreement.
  8. 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 arrangement, and in consideration of the mutual promises and covenants contained in this Agreement, the Parties agree as follows:

  1. PROPERTY
  2. 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.
  3. All jointly acquired or jointly held property and the property listed in the attached Schedule "A", 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").
  4. In the event of the Parties separating, or upon the death of a Party, all Shared Property will be deemed to be owned equally and each Party will be entitled to fifty percent (50%) of the net equity of the property, regardless of the initial or ongoing proportion of each Party's investment, unless the Parties have agreed otherwise in writing.
  5. 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.
  6. 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.
  7. 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.
  8. DEBTS
  9. 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.
  10. 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").
  11. 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.
  12. SUPPORT
  13. In the event of a separation the Parties agree that support may be payable to one of the Parties on the basis of the Party's financial circumstances at the time of separation or otherwise. It is understood and accepted by each Party that  support will be determined according to the appropriate laws.
  14. ESTATES AND TESTAMENTARY DISPOSITION
  15. 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.
  16. Nothing in this Agreement will invalidate or prevent either Party from naming the other as a beneficiary by will or other testamentary disposition.
  17. SEVERABILITY
  18. 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.
  19. INTENTION OF THE PARTIES
  20. 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.
  21. DUTY OF GOOD FAITH
  22. 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.
  23. FURTHER DOCUMENTATION
  24. 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.
  25. TITLE/HEADINGS
  26. The headings of this Agreement form no part of it, and will be deemed to have been inserted for convenience only.
  27. ENUREMENT
  28. This Agreement will be binding upon and will enure to the benefit of the Parties, their respective heirs, executors, administrators, and assigns.
  29. GOVERNING LAW
  30. 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.
  31. TERMINATION OR AMENDMENT
  32. 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 19th day of November, 2017.

SIGNED, SEALED AND DELIVERED
In the presence of:

_____________________________
Witness
Printed Name: _________________

_____________________________
Witness
Printed Name: _________________

________________________
_____________________



_____________________________
Witness
Printed Name: _________________

_____________________________
Witness
Printed Name: _________________

________________________
_____________________


SCHEDULE "A"

Shared Property:

  1. ____________________________________________________________

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 his legal rights and liabilities under the terms and conditions of it, and that I acted solely for him, and explained fully to him the nature and effect of the said Cohabitation Agreement and he did execute it in my presence, and did acknowledge and declare that he was executing it of his 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:

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 her legal rights and liabilities under the terms and conditions of it, and that I acted solely for her, and explained fully to her the nature and effect of the said Cohabitation Agreement and she did execute it in my presence, and did acknowledge and declare that she was executing it of her 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___.


________________________
_____________________


ADULT INTERDEPENDENT PARTNER AGREEMENT


BETWEEN:

_____________________
of _________________________, ______________,
Alberta, Canada

- AND -

_____________________

of _________________________, ______________,
Alberta, Canada

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.

  1. 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.
  2. 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 19th day of November, 2017.

_____________________________
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: ____________________
(Print name)

_____________________________
Guardian of _______________
Date: ____________________
(Print name)

  1. NOTES:
  2. Each adult interdependent partner’s signature must be witnessed by 2 witnesses.
  3. 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.
  4. 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.
  5. An Adult Interdependent Partner Agreement may be part of or attached to another agreement between the parties.
  6. 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.

Cohabitation Agreement Information

Alternate Names:

  • Common Law Partner Agreement
  • Living Together Agreement
  • Non-marital Agreement
  • Cohab

What is a Cohabitation Agreement?

A Cohabitation Agreement is a contract made between an unmarried couple (cohabitants) that want to live together, but want to protect their individual interests, as well as determine what rights and responsibilities each person has should the relationship end in the future.

What is the difference between cohabitation and marriage?

Although cohabitation and marriage have some similarities in that they both deal with topics like debt responsibilities, division of assets, support payments, and information regarding children, there are key distinctions between the two, such as:

  • No formal or legal step is required to begin cohabiting. For marriage, the partners may need to obtain a marriage license, wait a certain period of time, or hire an officiant. The marriage process can differ from province to province.
  • Ending a cohabiting relationship can be an informal process, depending on the specific terms and conditions outlined in the Cohabitation Agreement. Ending a marriage in Canada requires the formal process of filing for divorce or annulment.
  • In the event of separation, property is dealt with according to what is stated in the Cohabitation Agreement. With divorce, the value of any shared property is generally equally divided between the two parties, although this can differ between provinces.
  • A cohabitant generally does not have the ability to make decisions for the other person should they become ill, mentally incompetent (not of sound mind), or otherwise unable to make legal decisions on their own. Additional documentation, such as a Power of Attorney or Health Care Directive, would provide the ability to do so.

What does a Cohabitation Agreement do?

A Cohabitation Agreement provides security for both partners by addressing how assets, property, and responsibilities regarding children and support payments will be dealt with should the relationship between the cohabitants end, either by separation or death of a partner.

The agreement outlines matters, such as:

  • Separation of assets: After separation, any property or items that were owned by one partner before the cohabitation will revert back to being owned by that partner. Any shared property acquired during the cohabitation is divided between partners.
  • Debt responsibility: Shared debts, such as co-signed loans that both parties will be responsible for in the event of separation.
  • Information on children: Any dependent children that one or both parties have an obligation to support after separation.
  • Support payments: Financial support that may be payable to one of the parties depending on financial circumstances after separation.

Who should have a Cohabitation Agreement?

A Cohabitation Agreement is advisable for unmarried couples of all types, including heterosexual or same-sex couples. For couples in long-term relationships that do not wish to get married, a Cohabitation Agreement can offer similar rights that a married couple may have, such as division of property and/or assets, and support payments.

Related Documents:

  • Prenuptial Agreement: A Prenuptial Agreement is used by a couple before marriage to set out each individual's personal assets and property, and how it will be divided should the marriage end.
  • Separation Agreement: A Separation Agreement outlines terms for a couple living apart.
  • Roommate Agreement: A Roommate Agreement is a contract made between residents of a rental unit.
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