Cohabitation law across North America
Select your state or province for a general overview. The rules are very different depending on where you live; this is general information, not legal advice.
Ontario: Common-law Partners
In Ontario, common-law partners do not have automatic equalization rights under the Family Law Act. Married spouses can share in the growth of family property through equalization; common-law partners generally cannot, unless they agree otherwise in writing.
After three years of cohabiting, or sooner in a relationship of some permanence with a child, common-law partners can have spousal support rights. Without an agreement, each partner generally keeps the property in their own name, although courts can sometimes recognise one partner's contributions through trust claims. A cohabitation agreement is the clearest way to set out how shared property will be treated if the relationship ends.
For property acquired together (a home, investments, vehicles), a written agreement that records both parties' contributions can avoid arguments later.
British Columbia: Spouses
Under British Columbia's Family Law Act, partners who have lived in a marriage-like relationship for at least two years are generally treated as spouses, including for property division. This is significantly different from Ontario. In general, family property and debt are shared equally on separation, with some exceptions. With a child, support rights can arise before two years.
In BC, a cohabitation agreement is often used to change those default rules rather than create new ones, for example to say how property owned before the relationship will be treated.
Child support obligations apply regardless of the agreement. Spousal support can be addressed in an agreement, but courts can look closely at terms that seem unfair.
Alberta: Adult Interdependent Partners
Alberta law defines common-law couples as "adult interdependent partners." People generally become adult interdependent partners after three years together, sooner in a relationship of some permanence with a child, or by written agreement. Since 2020, Alberta's Family Property Act can apply to adult interdependent partners as well as married spouses, and support rights can also arise.
A written agreement can clarify ownership, record contributions to property and set out what happens on separation. Alberta has specific formalities for property agreements, so each of you will need your own lawyer.
It usually helps to be specific about how jointly purchased assets (homes, vehicles, investments) are owned.
Quebec: De Facto Spouses
Quebec law gives limited rights to common-law partners (called de facto spouses, or conjoints de fait). In general, Quebec does not grant them the property division or spousal support rights of married spouses, however long they live together. Since mid-2025, a parental union regime can apply to some de facto couples with a child born or adopted after it came into force.
That is why many Quebec couples put a written agreement in place. Without one, separation can leave one partner with little or no claim on shared property or support, even after many years together.
A Quebec lawyer or notary can prepare an agreement that fits Quebec's civil law system, including any succession planning.
California: Marvin Agreements
California does not recognize common-law marriage, but courts can enforce agreements between unmarried partners (often called Marvin agreements, after a landmark court case). Without one, unmarried partners generally have no automatic property or support rights against each other.
Without an agreement, each partner generally owns what is in their own name. Property acquired together can be disputed, and courts may need to determine each person's contribution. A clear written agreement can reduce disputes later.
A Marvin agreement can address property acquired together, support during the relationship, support if the relationship ends, and business interests.
New York: Cohabitation Agreements
New York does not recognize common-law marriage formed in the state after 1933. However, courts can enforce agreements between unmarried partners, generally where they are in writing and both parties clearly agreed to the terms.
Without a cohabitation agreement, unmarried couples have minimal legal rights to each other's property or income. Even if one partner has been financially dependent on the other or contributed significantly to acquiring assets together, there's generally no automatic entitlement. An agreement is worth considering for couples with shared property, joint investments, or where one partner might be economically disadvantaged.
It is usual for each partner to have a separate lawyer.
Texas: Common-law Marriage State
Texas is one of the few US states that still recognizes common-law marriage, called "informal marriage." If you agree to be married, live together in Texas, and represent yourselves as married to others, you may be treated as legally married even without a ceremony or license.
This makes a cohabitation agreement especially important in Texas. Without one, a long-term partner could claim an informal marriage in a dispute, which would bring in the community property rules. A clear agreement about whether you intend to be married and who owns what can reduce that risk.
Texas is a community property state, and on divorce a court divides community property in a way it considers "just and right." A Texas lawyer can explain how an agreement fits in.
Florida: No Common-law Marriage
Florida abolished common-law marriage in 1968. Unmarried couples in Florida generally have no automatic property rights or support obligations, however long they have lived together. Each partner generally keeps what they own.
A written agreement is the clearest way to set out what you intend, especially if one partner has contributed to the other's property or you have bought assets jointly.
Florida courts can enforce agreements between unmarried partners as contracts, generally where they are clear, mutual and entered into freely. The agreement should address property ownership, joint purchases, and what happens to shared assets or living arrangements if the relationship ends.
Prepare your cohabitation terms
A few short steps about your relationship, shared assets and location, then secure payment. We organise your answers into a summary of your terms, for each of you to take to a lawyer who prepares the agreement and advises you.