Check if you have a cohabitation agreement

We're not married. What happens to our property and debts if we separate?
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Check if you have a cohabitation agreement

You may have a cohabitation agreement that says how you and your partner divide your assets and debts after you separate.

If one of you no longer wants to follow this agreement, that person may ask the court for an order to set aside the cohabitation agreement. This means the court allows you not to follow all or part of the agreement.

But the other person can ask the court to make an order that divides your property in the way you agreed to in your agreement.

The courts encourage people to decide their issues on their own. So if you have an agreement, the courts won't set aside your agreement easily.

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​CLEO (Community Legal Education Ontario)
Reviewed: July 31, 2017

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