In Nova Scotia, common-law couples do not automatically have a claim to each other’s property.
Claims to an interest in a partner’s property are based on proving a contribution to the relationship and/or the specific property. Likewise, staving off a claim to your property from your common-law spouse is based on proving that the partner didn’t benefit you or the property during the relationship in a way which would entitle them to compensation.
A Cohabitation Agreement defines the rights of each partner so that both move forward with clear expectations and communications. When/if the parties separate a Cohabitation Agreement makes that process easier and can set clear timelines/
Cohabitation Agreements are particularly important for couples where one or both of the partners may have children from previous relationships, own businesses or property such as a home, cottage or land, have received or will receive an inheritance, or have existing investments or debts. The agreement should also address how to deal with future events such as children, jointly purchased property, marriage etc. Agreements are intended to meets the goals, objectives and particular situation of each client.
An open and honest discussion between the parties outlining their assets, liabilities and their expected obligations to each other is a key first step in developing a cohabitation agreement. After that, we can assist our clients developing a cohabitation agreement that reflects their wishes and is legally enforceable.
If you are considering whether a Cohabitation Agreement is the right choice for you, we would be happy to meet with you and provide initial advice.