Taking the step to move in with your partner is an exciting milestone in any relationship. Beyond sharing a space, it’s about blending lives—routines, finances, and future goals. Yet, amid the thrill of decorating your new home and setting up movie nights, couples often overlook an important element: the legal side of cohabitation.
At Main Street Law, we frequently see clients who wish they’d tackled a few key discussions before moving in. While it’s not about expecting the worst, it’s about being informed, prepared, and fostering mutual respect. Whether this is your first home together or a progression after years of dating, here are three essential legal conversations to have before signing that lease or mortgage.
1. How Will You Share Finances and Household Expenses?
Money becomes an integral part of daily life when you live together, even if you aren’t legally married. Agreeing on how to handle expenses and finances upfront can prevent misunderstandings later.
Questions to Discuss
- Will you open a joint bank account or keep finances separate?
- Who is responsible for paying the rent or mortgage, utilities, and other household bills?
- How will you divide expenses if one partner earns significantly more than the other?
- If one partner owns the home, will the other contribute to the mortgage, and what does that mean for ownership?
Why This Matters Legally
Financial contributions made while cohabiting can lead to disputes if the relationship ends. For example, if one partner helps pay down the other’s mortgage, they might later claim an interest in the property without a prior agreement in place.
Pro Tip
Write down your agreements around finances. While it doesn’t have to be overly formal, documenting shared responsibilities creates a clear understanding. For added security, consider formalizing your arrangement in a cohabitation agreement, with the help of a lawyer.
2. Who Owns What—and What Happens If Things Change?
When you move in together, you each bring personal belongings—furniture, electronics, perhaps even a beloved pet. Over time, you’ll accumulate more shared items, from appliances to sentimental purchases. Sorting out ownership in case of a breakup can be challenging without a plan.
Points to Consider
- What items do each of you own individually versus jointly?
- How will shared purchases, like furniture or a car, be divided if the relationship ends?
- Will you take steps to protect inheritance or family-owned assets?
Why This Matters Legally
Under Alberta’s laws, common-law partners (also known as Adult Interdependent Partners) don’t automatically share the same property rights as married couples. Without clear documentation, disputes over assets can arise.
Pro Tip
A cohabitation agreement can outline ownership of property and provide a framework for dividing assets fairly if the relationship doesn’t work out. It’s particularly useful for blended families, second relationships, or couples with significant pre-existing assets.
3. What Are Your Expectations If the Relationship Ends?
Talking about a potential breakup while moving in might feel uncomfortable, but it’s one of the smartest things you can do. Planning for “what if” scenarios now can save you from tremendous stress later.
Questions to Ask
- If the relationship ends, who would stay in the home?
- Will one partner buy out the other’s share, or will you sell and split the proceeds?
- What happens to jointly held savings or shared debt?
- If there are children from a previous relationship, how will parenting responsibilities be honored?
Why This Matters Legally
Without a written agreement, separating couples often face uncertainty and disputes over finances, property, and living arrangements. Building an exit plan into a cohabitation agreement can help ensure a smooth transition and avoid unnecessary conflict.
Pro Tip
Think of this conversation as a sign of mutual respect and maturity. A basic plan doesn’t mean you’re preparing for failure—it shows you value clarity and fairness in your relationship.
What Is a Cohabitation Agreement?
A cohabitation agreement is a legally binding document that defines the rights and responsibilities of both partners while living together. It can cover key issues such as:
- Ownership of property.
- Division of expenses.
- Allocation of joint debt.
- Arrangements for children from previous relationships.
- What happens in the event of a separation.
Who Needs One?
While not every couple requires a formal agreement, it’s especially important in situations where:
- One partner owns the home.
- There’s a large income or asset disparity between partners.
- Either partner has children from a previous relationship.
- You plan to stay together long-term without marrying.
Isn’t This Just for Common-Law Couples?
Mostly. Under Alberta law, couples become “common-law” (recognized as Adult Interdependent Partners) after living together for three or more years, having a child together, or signing an agreement. Common-law partners have different legal rights compared to married couples, making these steps vital.
That said, even married partners can benefit from clarifying finances and property ownership—especially in blended family situations or when one partner acquires significant assets before moving in together.
How Main Street Law Can Help
Starting your life together on a strong foundation is about more than love and excitement—it’s about clarity, communication, and shared understanding. At Main Street Law, we make these conversations straightforward and approachable while helping you protect your future.
We Offer Guidance On
- Financial and property rights for cohabiting couples.
- Drafting and reviewing cohabitation agreements.
- Advising on joint ownership, shared expenses, and future planning.
- Navigating legal options if your relationship changes.
Our experienced family lawyers serve couples in Spruce Grove, Edmonton, Drayton Valley, and surrounding communities. No matter how long you’ve been together, it’s never too early to understand your rights and safeguard your future.
Move Forward With Confidence
Moving in together should be exciting—not uncertain. By having these legal conversations and exploring smart steps like a cohabitation agreement, you can focus on building a life together with peace of mind.
Call Main Street Law today at 780-960-8100 or visit mainstreetlaw.ca/family-law to book a consultation.
Together, we’ll help you protect your future and make this new chapter a positive and secure experience!
