by admin | Jun 28, 2025 | Blog, Cohabitation, Cohabitation Agreements, Cohabitation vs. Marriage, Family Attorney, Family Lawyer
Moving in together is a big step, emotionally and financially. While it may feel like a natural progression in your relationship, few couples realise how exposed they are without a Cohabitation Agreement in Alberta.
In Alberta, unmarried couples who live together can still face legal and financial consequences similar to married couples after separating. Without clear, written terms, assumptions can turn into legal disputes, and “what’s mine” and “what’s yours” can quickly become blurred.
Here’s what you need to know before you split the rent but skip the paperwork.
You Don’t Have to Be Married to Owe Support
Under Alberta’s Family Property Act, couples who live together in a “relationship of interdependence” for three years (or less, if you have a child together) may be treated like married spouses when it comes to dividing property. That means:
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Shared assets may be up for division — even if only one person’s name is on the title.
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One partner may be responsible for spousal support, even if the couple never married.
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Debts incurred during the relationship could be shared.
Without a cohabitation agreement, you’re relying on the courts to make decisions that may not reflect your intentions.
Need clarity? Book a consultation with an Edmonton Cohabitation Agreement Lawyer today.
You May Lose Property You Thought Was Yours
A common myth? You automatically keep whatever you bring into the relationship.
In reality, the longer you live together — and the more financially entangled you become — the harder it is to prove what’s exclusively yours. For example:
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If your partner contributed to the mortgage or renovations, they may claim a share of the home.
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Gifts or inheritances can be at risk if they’ve been mixed into shared finances.
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Buying large assets together (a car, a house, a business) without documenting your ownership shares can backfire later.
We’ve seen many couples caught off guard by this, especially when they didn’t consult a Family Lawyer in Edmonton early on.
Related: Who Gets What? Property Division in a Cohabitation Split
Verbal Agreements Don’t Hold Up in Court
“He said he’d never ask for anything.”
“She told me she’d move out with nothing.”
Unfortunately, none of that matters if you end up in front of a judge. Courts look at documented actions, not words or promises. Without a written agreement, your financial future may rest on assumptions and memories. That’s a risky bet.
Pro Tip: Edmonton Family Law Firms like ours specialise in turning verbal understandings into legally binding agreements. Get yours drafted now.
Why You Should Get a Cohabitation Agreement
A legally drafted cohabitation agreement:
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Defines who owns what — and how it will be handled if you separate.
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Protects each party from taking on the other’s debts.
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Sets expectations for spousal support (or the absence of it).
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Offers peace of mind while you’re still on good terms.
At Kolinsky Law, our Best Alberta Lawyers for Unmarried Couples help couples create clear, enforceable agreements that reflect their specific circumstances, not a one-size-fits-all approach.
Learn more: Cohabitation Agreements: Do You Need One?
Conclusion
Living together might feel casual, but the legal consequences are anything but. If you’re building a life with someone, you owe it to yourself to protect what you’re bringing to the table.
Our team of Edmonton Family Lawyers can help you understand your Legal Rights When Living Together in Alberta and prepare a solid agreement that fits your relationship now and in the future.
Take action today:
About David Kolinsky
David Kolinsky, founder of Kolinsky Law, is a trusted Edmonton Family Lawyer specialising in cohabitation agreements, divorce, and family law. With over 18+ years of experience, David Kolinsky helps unmarried couples protect their assets and clarify their Property Rights in Alberta.
📞 Contact Kolinsky Law today to discuss your Affordable Cohabitation Agreement in Edmonton.
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by admin | Jun 26, 2025 | Blog, Cohabitation, Cohabitation Agreements, Family Lawyer
Cohabitation agreements are designed to give unmarried couples legal clarity, but what if one party later wants to challenge that agreement in court?
While these agreements are legally binding in Alberta, they’re not immune to dispute. In fact, the courts do allow challenges under specific circumstances — especially when fairness, consent, or transparency are in question.
Let’s examine when and how a cohabitation agreement can be contested in Alberta and what difference the Cohabitation Agreement Lawyer Edmonton can make.
Need help with your cohabitation agreement? Book a free consultation with an Edmonton Cohabitation Agreement Lawyer today.
Grounds for Challenging a Cohabitation Agreement
Courts don’t overturn these agreements lightly. But they will scrutinise them under certain conditions. Common legal grounds include:
- Duress or coercion – If one partner was pressured or manipulated into signing, the agreement may not hold up. The court will look at whether both parties had time, freedom, and opportunity to seek legal advice.
- Lack of independent legal advice – While not mandatory under Alberta law, not having legal counsel — especially if the terms are one-sided — can work against enforceability.
- Unconscionability or gross unfairness – If the terms of the agreement are shockingly unfair, the court might step in. This is especially relevant if one party’s financial or parental obligations are disproportionately high or low.
- Non-disclosure or misrepresentation – Full and honest financial disclosure is key. If one party hides assets or misrepresents liabilities, the agreement could be challenged for lack of transparency.
- Changes in circumstances – While less common, significant life changes — like children, disability, or major financial shifts — may justify a review, particularly if the agreement didn’t account for future scenarios.
Wondering how cohabitation differs from marriage in Alberta? Read: Cohabitation vs. Marriage: Legal Differences You Should Know in Alberta
The Legal Process: What Happens If You Want to Contest the Agreement?
File a claim: – You’ll need to file a court application, usually as part of a broader family law dispute (e.g., separation, parenting, or property division).
Present your case: Your Edmonton Cohabitation Agreement Lawyer will present evidence supporting your claim, such as lack of disclosure, proof of duress, or legal imbalance.
Court review: The judge will examine the agreement’s formation, the surrounding context, and the fairness of the outcome.
Decision: The court may uphold the agreement, strike it down entirely, or modify specific clauses based on what it considers reasonable.
Facing a dispute over your cohabitation agreement? Get expert legal help from a top-rated Edmonton cohabitation agreement attorney.
Not sure what a cohabitation agreement covers? Learn more: What Does It Mean by Cohabitation Agreement in Edmonton, Alberta?
Bottom Line
Yes, you can challenge a Cohabitation Agreement in Alberta — but you’ll need a solid legal reason and substantial evidence to support your claim. If you’re concerned about the validity of your agreement (or are facing a challenge from your partner), it’s critical to speak with an experienced team of Cohabitation Agreement Lawyers Edmonton.
At Kolinsky Law, the Best Family Lawyers in Edmonton, we’ve helped clients both draft and contest Cohabitation Agreements Across Alberta. Whether you need a second look at an existing agreement or want to explore your legal options after a breakup, we’re here to help.
Unsure if you need a cohabitation agreement? Check out: Cohabitation Agreements: Do You Need One?
Concerned about property division? Read: Who Gets What? Property and Asset Division in a Cohabitation Split
Don’t leave your future to chance. Schedule a consultation with an experienced Edmonton Cohabitation Agreement Lawyer now.
About the Lawyer
Kolinsky Law is a leading family law firm in Edmonton, specialising in cohabitation agreements, divorce, child custody, and property division. With years of experience helping couples navigate complex legal matters, our team ensures that your rights are protected—whether you’re drafting, reviewing, or challenging an agreement. Contact us today for trusted legal guidance.
by admin | Jun 18, 2025 | Blog, Child Custody Lawyer, Cohabitation, Cohabitation Agreements, Cohabitation vs. Marriage, Divorce Attorney, Family Attorney
Understanding Your Relationship Status
In Alberta, your legal rights don’t begin and end with a marriage certificate. Cohabitation vs. Marriage carries significant legal distinctions—if you’re living with someone in a committed relationship, the law may still apply even if you haven’t said “I do.” After three years of cohabitation (or sooner with a child or Adult Interdependent Partner agreement), you could gain rights similar to a married spouse, including property division, support obligations, and estate claims. Misunderstanding these differences can lead to costly legal gaps. Whether you choose cohabitation or marriage, knowing your status protects your future.
Unsure if you qualify as AIPs? Book a Consultation with our Edmonton Family Lawyers today.
How Cohabitation Differs from Marriage
Marriage triggers automatic legal consequences. Once married, you and your spouse have shared rights and obligations under Alberta’s laws, including those concerning property division, spousal support, and estate succession. Cohabitation, on the other hand, only offers comparable rights if you meet the AIP criteria. Without that recognition, your relationship may not be protected in court, especially during separation.
Need clarity on your rights? Contact Kolinsky Law for expert advice.
Property Division Rules
Since January 2020, Alberta’s Family Property Act has treated married spouses and AIPs similarly. This means that any property acquired during the relationship is generally divided equally between partners, unless a different arrangement has been made in advance. However, if you are merely cohabiting and do not qualify as AIPs, you might not be entitled to anything. You will need to rely on general civil claims like unjust enrichment, which can be complex and uncertain.
Protect your assets—Get a Cohabitation Agreement tailored to your needs.
Spousal and Child Support Obligations
Both married spouses and AIPs may be required to pay or receive spousal support under Alberta’s Family Law Act. Similarly, child support obligations are consistent regardless of marital status. If you share a child with your partner, expect legal and financial responsibilities, whether married or not. It is important to speak with a Family Divorce Lawyer in Edmonton to understand how these laws apply to your situation.
Worried about support obligations? Call us now +1 780-757-6400 for a confidential discussion.
Inheritance and Estate Rights
Married spouses have automatic inheritance rights under Alberta law. AIPs can also be inherited if the relationship meets the legal test, but informal cohabitation alone will not qualify. Without a will or an AIP agreement, your partner may be left with nothing. To avoid this, consult a Marriage Agreement Lawyer in Edmonton to ensure your estate is handled according to your wishes.
Don’t leave your partner unprotected—Schedule a Will & Estate Planning Session.
Why Legal Agreements Matter
If you’re not getting married, drafting a cohabitation or AIP agreement can save you significant legal trouble. These agreements clarify expectations around finances, property division, and support obligations. Without one, courts will rely on legislation that may not reflect your intentions. Getting ahead with proper documentation is a proactive step, especially with help from the Best Family Lawyer in Edmonton, Alberta.
Need a legally sound agreement? Our Cohabitation Checklist before drafting yours.
Making an Informed Decision
Whether you choose marriage or cohabitation, your legal exposure in Alberta is real. Many people cohabitate under the assumption that it is legally safer, but that is not always true. You could be facing the same obligations as a married spouse without protection. At Kolinsky Law, we help you understand the risks, draft strong agreements, and protect your future.
Still unsure? Read: Who Gets What? Property Division in a Cohabitation Split.
Let Kolinsky Law Help You Navigate the Legal Differences
As trusted Divorce Attorneys in Edmonton, we specialise in helping couples understand the legal landscape of their relationships. Whether you need advice on property rights, support obligations, or drafting a solid agreement, we are here to provide clarity. Our team includes experienced Child Custody Lawyers in Edmonton, Alberta, and Family Divorce Lawyers in Edmonton who can help you make the right legal choices, no matter your relationship status.
Your next step? Email Us or call +1 780-757-6400 for a same-day response.
About the Lawyer
David Kolinsky is a leading Family and Divorce Lawyer in Edmonton, specialising in cohabitation agreements, property division, and spousal support cases. With over 15+ years of experience, he helps couples protect their rights, whether married or common-law. Learn more about David’s approach here.
Your relationship deserves the right foundation, legally and emotionally. Contact Kolinsky Law to protect your future, your assets, and your peace of mind.
by admin | Mar 20, 2025 | Best Lawyer for Family Disputes, Best Lawyers in Edmonton, Blog, Cohabitation, Cohabitation Agreements, Family Attorney, Family Dispute Lawyer, Family Divorce Lawyer, Family Law Lawyer, Family Lawyer
Understanding Property Rights in a Cohabitation Split
In Alberta, property division laws vary significantly between married and common-law couples. Married spouses are covered under the Matrimonial Property Act (MPA), which ensures a structured division of assets. However, common-law partners, legally referred to as Adult Interdependent Partners, do not have the same automatic rights.
When an unmarried couple separates, asset division is primarily determined by legal ownership—meaning that whoever holds the title to a property or asset is recognised as its legal owner. This can create challenges when one partner has contributed financially or through unpaid labor but does not have legal ownership.
In such cases, legal doctrines like unjust enrichment and constructive trust may allow the non-owner to claim compensation or an interest in the property to prevent unfair financial gain.
Dividing Jointly Owned Assets
For jointly owned assets, the division is generally more straightforward. When both partners are listed on a property title, vehicle registration, or other jointly owned assets, they are typically entitled to a share.
However, the actual division may depend on financial contributions, maintenance efforts, or other non-monetary inputs made by each partner during the relationship. In cases involving joint bank accounts, funds are often split 50/50, but disputes can arise if one partner withdraws a significant amount before the separation is finalised.
In such situations, courts may intervene and adjust the division based on each partner’s financial contributions and fairness.
Unjust Enrichment and Constructive Trust Claims
If an asset is in one partner’s name but the other contributed significantly—financially or through unpaid labor—they may have a claim under unjust enrichment. This applies when:
- One partner benefits financially while the other suffers a loss.
- There was no formal agreement for compensation.
- Keeping the asset solely in one partner’s name is deemed unfair.
A constructive trust claim may also be used when a partner’s contributions increase an asset’s value, giving them a right to a share.
Handling Debt in a Cohabitation Split
Debt responsibility in a cohabitation split is typically assigned to the individual whose name appears on the loan or credit agreement. However, when both partners have shared financial obligations, such as joint loans, credit cards, or household expenses, the division of debt can become a legal issue.
Courts may assess each partner’s financial contributions, usage of borrowed funds, and the intended purpose of the debt to determine a fair allocation. If one partner incurred debt for mutual benefits, such as funding home improvements or covering shared expenses, they may seek reimbursement from the other partner, though disputes can arise in the absence of a formal agreement outlining debt responsibilities.
Cohabitation Agreements: Preventing Future Disputes
A cohabitation agreement can prevent disputes by outlining asset and debt division terms before issues arise. A legally binding agreement can:
- Define property ownership and division.
- Establish financial responsibilities.
- Outline how debts will be handled.
- Reduce the risk of legal conflicts.
Having a clear financial agreement in place can provide security for both partners and avoid costly legal battles.
Seeking Legal Assistance
Property and asset division in a cohabitation split can be complex, especially when high-value assets or financial contributions are involved. Since common-law partners do not have automatic property rights, seeking legal guidance from the Best Family Lawyers in Edmonton is crucial.
Courts consider various factors, including financial contributions, shared responsibilities, and agreements between partners, when determining asset division. Without clear documentation or legal protection, disputes can arise over ownership, compensation, or entitlement to shared property.
Understanding Alberta’s cohabitation laws and potential legal claims can help individuals protect their financial interests, prevent unexpected legal battles. These laws also help navigate the separation process fairly and effectively, ensuring a more equitable outcome.
by admin | Nov 7, 2023 | Blog, Cohabitation, Cohabitation Agreements
Cohabitation is another term for living together with someone. A cohabiting pair is a couple that lives together in an intimate and committed relationship but is not married or in a civil partnership. Cohabiting couples can be either opposite-sex or same-sex.
What is a cohabitation agreement in Alberta?
A cohabitation agreement in Alberta, Canada, is a legal contract that is typically entered into by couples who are living together in a domestic partnership without being married. This agreement is designed to outline the rights and responsibilities of each partner during the course of their cohabitation and in the event of a separation or the end of the relationship. It allows couples to clarify their financial, property, and other relevant arrangements while living together. “A cohabitation agreement is a legal document in Alberta between two people who are in a common law partnership, also termed formally as an adult interdependent relationship.” ” It adheres to many of the same ideas as a ‘prenuptial agreement‘.
Prenuptial or Cohabitation Agreements are the greatest approach to safeguard your property before you marry or live together. Prenuptial agreements are contracts entered into by two parties before their marriage. They can also be entered into after marriage, though this is less usual.
Cohabitation Agreements are contracts entered into by persons who wish to live together or who are already living together but are not married. The legislation in Alberta has changed. As of January 1, 2020, if you have lived with another person for three years (or fewer if you have a kid) and then split, you have the same rights to each other’s property as married couples. As a result, Cohabitation Agreements are more popular now than they were previously.
Cohabitation agreements outline all of the rights and responsibilities of two persons in an adult interdependent relationship. In most cases, these agreements determine who gets what and who pays for what in the event of a divorce or separation. They can, nevertheless, establish rights and duties throughout the partnership.
They, for instance, specify how joint assets would be allocated in the case of a divorce between common-law couples. Or they determine who pays for what, who is liable for what, who owns what, and so on inside a partnership.
Who may enter into a cohabitation agreement?
To be eligible for cohabitation agreements, you must be in an ‘Adult Interdependent Relationship’ under Alberta law. This is sometimes referred to as a common law connection (albeit this word no longer has legal relevance). The Adult Interdependent Relationships Act determines qualification, which states that you are in an adult interdependent relationship if you fulfill the following conditions:
Designation of Adult Interdependence A “relationship of interdependence” is defined as a relationship between two people who: (i) share each other’s lives, (ii) are emotionally engaged to one another, and (iii) function as an economic and domestic unit.
You are considered to be in an adult dependability relationship if you meet the following criteria:
- the person has lived with the other person in an interdependent relationship (i) for a continuous period of not less than 3 years, or (ii) for some permanence, if the relationship has a child through birth or adoption, or
- the person has entered into an adult interdependent partner arrangement with the other person in accordance with Section 7.
In layman’s terms, this means that a relationship is ‘adult interdependent’ if it survives outside of marriage and both individuals share each other’s life emotionally, financially, and domestically (they live together). Unless the couple has a child together (through birth or adoption), the partnership must have been in place for at least three years. If these prerequisites are not satisfied, an ‘Adult Interdependent Partner Agreement’ may be entered into.
What does a cohabitation agreement include? What Is the Importance of Cohabitation Agreements?
- Defining Rights and Responsibilities: Cohabitation agreements help clarify the rights and responsibilities of each partner during their time together. This can include financial responsibilities, property ownership, and other important matters.
- Asset Protection: They can specify how property and assets acquired during the relationship will be divided if the couple separates. This can be crucial, especially if one partner has significantly more assets than the other.
- Debt and Liability Management: The agreement can outline how debts and liabilities incurred during the relationship will be managed in the event of a breakup.
- Child-Related Matters: If the couple has children together, the agreement may address issues such as child custody, access, and support.
- Legal Clarity: Cohabitation agreements can provide a legal framework for the relationship, reducing the potential for disputes and conflicts in the future.
Why do I seek a cohabitation agreement?
The appeal of cohabitation agreements lies in the sense of security and legal safeguarding they offer. Many individuals have faced the complexities of separation without a cohabitation agreement and wish to steer clear of the legal complications that can arise. Without such an agreement, your partner could potentially lay claim to jointly owned assets, and you might find yourself responsible for their accrued debts during the relationship. These agreements clearly outline how property and debt should be divided, thus preventing the possibility of drawn-out legal disputes. Moreover, they can ensure that neither partner unfairly benefits from the relationship. For example, if both partners contribute to renovating a shared home, the agreement safeguards both partners’ rights to the increased property value. Depending on the contributions made and the payment arrangements, one partner might not receive their fair share without a protective agreement in place. By agreeing to a cohabitation agreement while the relationship is thriving, it eliminates the prospect of legal conflicts in case the relationship ends and contributes to stability within the relationship.
Who should sign a cohabitation agreement?
A cohabitation agreement should be signed by any couple who fits the criteria for an adult interdependent relationship. These legal safeguards are advantageous to both parties in the partnership.
Who can’t execute a cohabitation agreement?
The Adult Interdependent Relationships Act states that you are unable to engage in a cohabitation arrangement if you:
- (2) An adult interdependent partner agreement may not be entered into if the person
- (a) is a party to an existing adult interdependent partner agreement,
unless
- (i) the minor is at least 16 years old and
- (ii) the minor’s guardians have given their prior written consent.
When is the most appropriate time to sign a cohabitation agreement?
It is never too late to enter into one of these contracts. You can engage in an Agreement now if you are married or in a relationship that will be affected by the changes in the law. The goal of these Agreements is to determine how your property would be split if you separated now, while you are still getting along. In the case of any worse situation, these agreements can give immediate peace of mind while saving thousands of dollars in legal expenditures.
These Agreements are unique since everyone’s scenario is distinct, for example:
- You may begin a relationship with far more property than your spouse.
- You may wish to safeguard assets for yourself or future generations.
- What you have may be the consequence of a prior marriage/divorce, and you do not want to share it again.
- You may wish to keep some items private while sharing others.
- You might wish to agree on how to divide future assets.
- The list is limitless, but you get the picture.
The conversations that lead up to these Agreements sometimes feel like a minefield. Trying to maintain a pleasant relationship while addressing crucial financial problems on the other hand can be difficult and emotional.
Let us deal with these difficulties together. Our attorneys are all trained mediators with experience in interest-based discussions.
- We will assist both of you in addressing your objectives and worries.
- We will provide a fair explanation of the legal aspects involved.
- We will guide you in identifying possible solutions and examining those alternatives.
- If there are concerns related to step-children or family relationships, we can tap into the knowledge of our family experts.”
- If you need assistance with financial planning or managing your budget, we can connect you with our financial experts.
- All of our specialists are highly skilled in their respective fields and have received training in mediation.
- They will offer advice without causing any disruptions. The outcome will be a carefully crafted agreement that fulfills the requirements of both parties.
With a Prenuptial or Cohabitation Agreement in place, the relationship may go much more smoothly, with each of you knowing where you stand if the relationship ends.
To get started, simply call or book an appointment with one of our Family Lawyer at Kolinsky Law.
