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If one of you has contributed a larger amount toward the purchase of a home, for example toward the down payment, you will often need a cohabitation agreement to ensure that this contribution is not lost in a division of property. Even in cases where you own different shares of a property, or where one of you owns the entire property, you may need a cohabitation agreement to avoid having to share your portion with your partner in a division of property or with your partner’s heirs in the event of death.

It is important to have a correctly drafted cohabitation agreement, as an incorrectly formulated agreement could, in the worst-case scenario, result in the entire agreement being deemed invalid. It is also important to seek legal assistance in these matters, as there is a great deal of important information to understand regarding the rights and obligations that come with establishing a cohabitation agreement.

If you are unsure whether you need a cohabitation agreement or not, we offer a free needs assessment based on your family situation and wishes. Following the assessment, you will receive a tailored recommendation, and you can then decide for yourselves whether you would like to proceed.