But you can also, in your life contract, absolutely specify who owns what. It will also cover who is responsible for what, including bills, cost of living and maintenance, and who owns the furniture. It is very important that concubinate agreements are prepared by a qualified family law lawyer to ensure that they say what the spouses intend to say about them. This is a complex area and it is difficult for non-lawyers to craft a concubine agreement that will have the same legal effect as what the parties actually intend to do. For this reason, concubine agreements that are not prepared by lawyers are easily annulled by the court if, at some point, one of the spouses argues that he or she did not understand the agreement. A marriage contract or preliminary partnership contract is concluded before the existence of a marriage or life partnership, and you need to plan for it and know when it will take place. This agreement will determine what will happen to your finances if the marriage breaks down. It is used if you want something other than what is legally yours as soon as you are married or associated with the civil status; For example, to protect property owned before marriage. This brief article explains why, under the Common Law, spouses should consider entering into a concubine agreement in order to specifically agree on the rights and obligations that flow from their relationship. This discussion applies to common law spouses in Ontario, where marital property division legislation explicitly excludes couples from seeking compensation from family patrimony. If you are worried about what will happen, if you or your partner die during your life together, it is important that you grant your wishes in your concubine contract and let yourself be advised on a will. For your concubine contract to be valid, the following conditions must apply: This standard form gives you an idea of what a concubinate contract is and the conditions and provisions typically associated with it, including a breakdown of shared costs and an assignment of rights. If the property is located in the sole name of a party, they retain legal ownership of the property upon separation.

The other party may be entitled to the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). This is a civil remedy (unlike the family one) and allows the court to decide who has an economic interest in a property and what is the interest of it.