Legal Question in Family Law in Canada
Are cohabitation agreements really worthwhile? Do the courts sometimes overrule
We have a detailed cohab drawn up, and have been living together for 3 years. I own assets (real estate/rrsps)and my common law partner owns nothing. Partner has minor children not living with us. We live in my house (purchased prior)& my partner pays me rent as per cohab agreement. Partner's children visit every 2nd weekend & partner pays child support. I contribute nothing to these children financially or otherwise & rarely see them. Partner helps with gardening/chores etc but not financially other than rent. Agreement states I do not stand in as parent & that our assets are our own if we split. We don't have joint bank accounts nor do we purchase anything together. Partner struggles financially (no job) & always pays my rent late which is a violation of the agreement, & I unhappily tolerate it. Could a judge consider my rental income or if my partner performs chores around the house as ''unjust enrichment''? Would the fact that I have allowed the rent to be paid late justification to consider my detailed cohab agreement not solid? What would a ''hardship'' claim do to me personally? Can partner's ex spouse come after me for support/property? We both rec'd independant legal advice on cohab. What else can I do to protect myself?
1 Answer from Attorneys
Re: Are cohabitation agreements really worthwhile? Do the courts sometimes overr
They can be very useful if they are drawn by a competent lawyer. The courts do sometimes "overrule" or disregard them; the circumstances under which they will do so are varied and depend very much on the circumstances that pertain to the individual case.
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