What a BC cohabitation agreement is for
Many couples move in together without realizing what British Columbia law will do if they later separate. Under the Family Law Act, once unmarried partners have lived together in a marriage-like relationship for two years they are spouses, and family property is generally divided equally, including the growth in value during the relationship of a home or investments one partner owned beforehand. Spousal support may also be claimed. A cohabitation agreement lets you decide those things now, while you are on good terms.
This agreement is built on the Family Law Act's rules. It keeps excluded property and listed property separate, with an option to keep the growth in value separate too, offers two options for the home (owned by one partner, or owned together with a down payment credit), deals with shared property, debts, accounts and household expenses, and gives three choices for spousal support with clear warnings. It addresses children, companion animals, death, separation, marriage and review, and is signed with witnesses as sections 93 and 164 contemplate. Financial disclosure schedules for both partners, a separate property list and two independent legal advice certificates complete it.
When to use it
Use it when you are about to move in with a partner in BC, or have recently done so, especially if one of you owns a home, has significant savings, investments, a business, a pension, children from a previous relationship, or expects an inheritance. It also suits couples who plan to marry later, since it can continue as a marriage agreement.
An agreement made after separation, or one dealing with parenting and child support, needs a separation agreement instead. If either of you owns a business, has assets outside BC, or wants to waive spousal support, legal advice is especially important.
What's inside
The full list of sections and fields in this template, in the order they appear.
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Background and definitions
- Parties
- Date living together
- Marriage intention
- Disclosure and advice recitals
- Separation
- Separate and shared property
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Property and the home
- Excluded property
- Listed property
- Growth in value option
- Traced property
- Registered plans
- Home owned by one or both
- Buyout or sale
- Down payment credit
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Debts, expenses and support
- Shared property division
- Debts
- Accounts
- Household expenses
- Spousal support options
- Children's best interests and guidelines
- Companion animals
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Death, separation and general terms
- Wills and estates
- Separation notice and mediation
- Updated disclosure
- Limitation period
- Marriage
- Review triggers
- Witnessed signatures
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Schedules and certificates
- Financial disclosure for each party
- Separate property list
- Two certificates of independent legal advice
Preview pages
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Page 1 -
Page 2 -
Page 3
How to complete the agreement
- Enter both names and the date. Record when you began, or will begin, living together.
- Complete Schedule A first. Each of you lists your income, assets and debts, with documents.
- List separate property. Record in Schedule B what each of you will keep, and decide about growth in value.
- Choose a home option. Keep Option A or B and fill in the details.
- Set debts and expenses. Decide how shared debts and household costs are handled.
- Choose a support option. Pick Option A, B or C, and read the note before choosing C.
- Add pets, wills and review terms. Complete the companion animal, death and review sections.
- Get independent legal advice. Each of you sees a different lawyer, who signs a certificate.
- Sign with witnesses. Each signature is witnessed; keep a signed original each.
Example: a completed agreement excerpt
A fictional Victoria couple moves into a condo one of them bought five years earlier:
Background: Sam Patel and Alex Moreau begin living together on July 1, 2026 at Sam's condo; they are not married. Separate property: Sam's condo, including its increase in value; Alex's TFSA and a car; each partner's RRSPs as of July 1, 2026. Home: Option A. On separation, Alex is repaid any amount Alex paid toward mortgage principal, shown by records, and moves out within 90 days. Expenses: shared in proportion to income; groceries from a joint account, which is shared property. Support: Option A, rights under the Family Law Act preserved.
Both complete Schedule A with recent statements, see separate lawyers, and sign before a witness. They agree to review the agreement if they have a child.
BC rules to know
These are the British Columbia rules this agreement is built around.
- Spouses (Family Law Act section 3). Marriage-like relationship for two years, or with a child (except for property and pension division).
- Equal entitlement (section 81) and excluded property (sections 84 and 85). Family property shared equally; pre-relationship property, gifts and inheritances excluded, but growth in value shared.
- Property agreements (section 92). Divide unequally, include or exclude items, value differently, and deal with companion animals.
- Setting aside (sections 93 and 164). Nondisclosure, improper advantage, lack of understanding, common law grounds, or significant unfairness; witnessed signatures.
- Children. Best interests for parenting; Federal Child Support Guidelines for support.
- Limitation (section 198). Two years after separation for unmarried spouses.
- Wills, Estates and Succession Act. Spouses' inheritance and wills variation rights continue unless the agreement and wills address them.
Mistakes that get agreements set aside
The common problems are incomplete financial disclosure, signing on moving day or under pressure, no independent legal advice, a spousal support waiver that becomes unfair after children arrive, unwitnessed signatures, vague descriptions of the home and separate property, and never reviewing the agreement as the relationship changes. Completing the schedules honestly, getting separate advice and reviewing the agreement at the triggers in Section 13 avoids each of them.
Frequently asked questions
When do common-law partners have property rights in BC?
Under the Family Law Act, unmarried partners who have lived together in a marriage-like relationship for at least two years are spouses, and the property division rules apply to them as they do to married spouses. Family property, including growth in value of property each brought in, is generally divided equally on separation.
Is a cohabitation agreement legally binding in BC?
Yes, if it is in writing and fair when made. For property and support agreements, each party's signature should be witnessed. A court can set aside all or part of it if a party failed to disclose significant property, debts or income, took improper advantage of the other, did not understand it, or if it is significantly unfair.
Can a cohabitation agreement protect my house in BC?
Yes. An agreement can keep a home one partner owned before the relationship, and its increase in value, as that partner's separate property, or set out how a jointly owned home will be divided. Without one, the increase in value during the relationship is usually shared.
Can we waive spousal support in a BC cohabitation agreement?
You can, but a court can set aside a spousal support provision that has become significantly unfair, for example after the birth of a child or a long period of financial dependence. Waivers are the most likely terms to be challenged, so get legal advice and review the agreement when circumstances change.
Does a cohabitation agreement decide child support or parenting?
No. Parenting arrangements are decided in the child's best interests at the time, and child support must be at least the Federal Child Support Guidelines amount. A cohabitation agreement cannot set those in advance.
