Cohabitation law across North America
Select your state or province. The rules are very different depending on where you live.
Ontario: Common-law Partners
In Ontario, common-law partners do not have automatic equalization rights under the Family Law Act. This is the critical distinction. Married couples have the right to divide family property equally; common-law couples do not, unless they have a cohabitation agreement that creates those rights.
However, after three years of cohabiting or after having a child together, common-law partners do have limited spousal support rights. This is narrower than married couples' rights but still significant. Without a cohabitation agreement, each partner retains only the property they own individually. A cohabitation agreement is the only mechanism to create equalization rights or define how shared property will be treated if the relationship ends.
For property acquired together (a home, investments, vehicles), having a written agreement that documents both parties' contributions is essential to establish rights.
British Columbia: Spouses
British Columbia's Family Law Act extends full property rights to common-law "spouses" automatically after two years of cohabitation or at any time if they have a child together. This is significantly different from Ontario. BC common-law partners have the same property division rights as married couples, meaning all family property acquired during the relationship is divided equally on separation.
A cohabitation agreement in BC is used not to create rights (which exist by default) but to opt out of or modify those rights. Many couples want to protect property they owned before the relationship or assets they acquired individually, so they use an agreement to exclude those from the family property pool.
Child support obligations apply regardless of the agreement. Spousal support can be addressed in an agreement but courts will scrutinise any unfair exclusion of spousal support rights.
Alberta: Adult Interdependent Partners
Alberta law defines common-law couples as "adult interdependent partners." After three years of cohabiting or at any time if they have a child together, both parties have limited support rights. However, unlike BC, Alberta does not automatically grant equal property division rights to common-law partners. Common-law partners do not share in family property the way married couples do.
A cohabitation agreement is essential in Alberta to define how shared property will be treated. Without an agreement, property disputes can be contentious because the law does not provide a clear entitlement framework. An agreement can clarify ownership, establish contributions to property, and define what happens on separation.
The agreement should specifically address how jointly purchased assets (homes, vehicles, investments) are owned and what rights each party has.
Quebec: De Facto Spouses
Quebec law provides extremely limited rights to common-law partners (called de facto spouses or union de fait). Unlike the rest of Canada, Quebec does not automatically grant property division rights or spousal support rights to common-law couples, regardless of how long they cohabit or whether they have children together.
This makes a cohabitation agreement essentially mandatory in Quebec if either partner wants protection. Without an agreement, separation can leave one partner with no claim on shared property or any support obligation from the other, even after decades of cohabitation and joint asset accumulation.
A cohabitation agreement must be carefully drafted to address property, support, and any inheritance or succession planning given Quebec's unique civil law system.
California: Marvin Agreements
California does not recognize common-law marriage, but cohabitation agreements (called Marvin agreements after a landmark court case) are enforceable. A Marvin agreement is the only way to establish property rights or support obligations between unmarried couples.
Without a Marvin agreement, each partner owns only what they purchased individually. Property acquired together can be disputed, and courts may need to determine each person's contribution. Having a clear written agreement that documents shared intentions avoids costly 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, cohabitation agreements are enforceable if both parties clearly agree to their terms and understand what they're signing.
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 no automatic entitlement. An agreement is critical for couples with shared property, joint investments, or if one partner might be economically disadvantaged by the relationship.
The agreement should be reviewed by separate lawyers and should clearly define property ownership and any support obligations.
Texas: Common-law Marriage State
Texas is one of the few US states that still recognizes common-law marriage, which they call "informal marriage." If you agree to be married, live together in Texas, and represent yourselves as married to others, the state may consider you 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 common-law marriage in a dispute, triggering full community property rules. A clear agreement that defines the relationship as unmarried and documents individual ownership of property protects both parties.
Texas is a community property state, meaning anything acquired during a legal marriage is owned 50/50. A cohabitation agreement prevents unintended community property claims from arising.
Florida: No Common-law Marriage
Florida abolished common-law marriage in 1968. Unmarried couples in Florida have no automatic property rights or support obligations regardless of how long they have lived together. Each partner keeps what they individually own.
This makes a cohabitation agreement the only mechanism for creating legal protections. If one partner has contributed financially to the other's property, or if you have bought assets jointly, a written agreement is the only way to establish enforceable rights.
Florida courts will enforce cohabitation agreements as contracts, provided they are clear, mutual, and entered into without duress. The agreement should address property ownership, joint purchases, and what happens to shared assets or living arrangements if the relationship ends.
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