“What happens if we break up?” I asked my partner as we were about to put in an offer for a condo. It wasn’t the sexiest thing to say during an exciting moment in our relationship, but it was important one. “We can sell the unit, and split the money 50/50,” he said casually, as if I’d just ask him if he wanted pasta or pizza for dinner. “We’ll get a legal agreement drafted.”
Why couples should get a legal agreement According to Andrea Di Battista, a family lawyer based in Toronto, it’s smart for couples who aren’t legally married to sign a cohabitation agreement when purchasing a place together. Essentially, Di Battista explains, a cohabitation agreement lays out various rights within a relationship—including who owns what—and outlines what would happen to a shared property should a couple break up.
“If you have people coming in with different types of assets, or one person is putting in the down payment but then the other person is going to be contributing solely to the mortgage, that’s where things get more unique,” Paris says. In these types of cases, Paris says it’s important for couples to clearly define the terms of their situation in their cohabitation agreement to make sure each party gets out what they put in. “You each want what you’re entitled to,” she says.
In Ontario, where I live, a couple is considered common-law if they’ve been living together in a “relationship of permanence” for at least three years. The exception to Ontario’s rule is if a couple lives together and has a kid together, they are common-law as soon as the child is born, regardless of how long they’ve been sharing a space.
If you don’t have a contract and you can’t reach an agreement on your own, Paris says you may end up going to court to make what’s called a trust claim. While there are different types of trust claims, in these situations it often refers to a case where a person argues they’re entitled to a portion of property—even though they don’t hold a legal title—because they’ve contributed to its upkeep. Contributions can be financial, labour-related, or even domestic duties.
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