Moving in together is an exciting step in a relationship. Beyond packing your bags, there are practical things to think about if you are not married.
It is a good idea to consider the legal implications of your decision. Planning ahead by following the steps on this page can help you deal with issues that arise during your relationship and if it ends.
The information on this page applies to unmarried couples who move in together.
Need to know
- You and your partner should decide how you will manage your finances and property once you move in together.
- You may decide to make a cohabitation agreement that says what happens during and after your relationship.
- You may decide to sign an Adult Interdependent Partner Agreement to access the rights and responsibilities available to adult interdependent partners.
- The law considers you and your partner to be in an adult interdependent relationship after you have been living together for three years or if you have a child together.
Get started
Review the What is your marital status page before you move in together.
It’s important to understand the legal consequences of different types of relationships in Alberta and how the law views your relationship once you move in together.
Myth busters
Some people believe that moving in together without getting married means avoiding all the legal issues that come with divorce if the relationship ends.
This is not true. If the law considers you to be adult interdependent partners, you have similar rights and responsibilities to each other as married couples do, both during and after the relationship. This includes how you divide everything up if the relationship ends.
Decide on joint finances and property
Before moving in together, it is a good idea to talk through how you will or will not share your home, belongings and finances.
Think about the following when deciding about moving in together:
- If you rent, will both your names be on the lease? Does the lease allow one of you to take over the lease if need be?
- If you buy a home together, will both your names be on titleCertificate of Title A document from the Alberta Land Titles Office that says who the owners of a property are and others who have an interest in the property, such as a mortgage holder.? If so, will you be joint tenantsjoint tenants A way to own property with others where each owner owns the whole property equally. If one owner dies, the surviving owners remain the owners through the right of survivorship. or tenants in commontenants in common A way to own property with others where each owner owns a share of the property. The shares of each owner do not have to be equal. For real estate, the Certificate of Title must say what share each owner owns.?
- What will you do with your belongings, like furniture and vehicles?
- Will you buy new things together? If so, who will pay for them?
Think about the following when deciding how to manage your finances:
- Will you have a joint account or separate accounts or both?
- How will you pay for joint expenses like rent or mortgage payments, utilities, home expenses and groceries?
- How will you share or deal with debtsdebts Money you owe to others, including individuals and companies. Debts include mortgages, credit cards and loans.?
Couples often organize their finances in one of the following three ways.
Joint and individual accounts
Each person adds a specific amount of money to a joint account each month or pay period. The couple agrees what this money will be used for, such as rent or mortgage payments, utilities and groceries. Each person keeps any excess money they earn in a separate account for them to do with as they please.
Joint account
The couple pools all their money together and closes their individual accounts. The couple works together to decide how to manage their joint finances.
Individual accounts
Each person keeps their finances separate from the other. They agree how they each contribute to household expenses. For example, they may agree that the person who makes more money may pay a larger portion of household expenses. Or they may agree to contribute equal amounts to all household expenses.
Once you and your partner decide how you will or will not share everything, you should make a legally binding cohabitation agreement. If you separate and do not have a cohabitation agreement, then a judge may override your decisions and apply the law instead. Keep reading to learn about cohabitation agreements.
Did you know?
If you have money in a joint account, one account holder can remove money from the account without consent from the other. This means it is possible for one person to empty the account without warning the other person. For this reason, it is important to trust the person you share a joint account with.
Value your property
Before you move in together, it is a good idea to make a list of your assetsassets Something a person owns that has value. Assets include houses, vehicles, furniture, money and investments. and debtsdebts Money you owe to others, including individuals and companies. Debts include mortgages, credit cards and loans. and their value. This allows you both to understand what you are each bringing into the joint home. It can also form part of a cohabitation agreement, if you make one.
Examples of things to list:
- your home, if you own it on your own or jointly
- personal bank accounts
- RRSPs, TFSAs, pensions and other investments
- debtsdebts Money you owe to others, including individuals and companies. Debts include mortgages, credit cards and loans., such as student loans, credit card debt and the balance owing on your mortgage
- your vehicle
- valuable property, such as art and other collectibles
Keep this information in a safe spot. It may come in handy if you separate and need to figure out how to divide everything up.
Make a cohabitation agreement
A cohabitation agreement is an agreement an unmarried couple signs just before or after they move in together. It usually says how they will manage assetsassets Something a person owns that has value. Assets include houses, vehicles, furniture, money and investments. and debtsdebts Money you owe to others, including individuals and companies. Debts include mortgages, credit cards and loans. while they are together and, if they separate, who, if anyone, will pay support.
The goal of a cohabitation agreement is for both of you to be certain about what happens going forward, both during your relationship and if you separate.
As time passes, the legal status of your relationship may change, meaning the laws that apply to you may change. For example, if you become adult interdependent partners, the law treats you differently than other dating relationships and the same as a married couple.
If you think you might get married one day, you can include a statement in your cohabitation agreement that says it continues on after marriage. In this way, your cohabitation agreement turns into a prenuptial agreement.
Decide what it will say
Consider including:
- How you will manage your finances, such as whether you will have joint accounts, separate accounts or both and whether you will save money together
- How you will manage your shared home, such as if one or both of you will be named on the lease or on titleCertificate of Title A document from the Alberta Land Titles Office that says who the owners of a property are and others who have an interest in the property, such as a mortgage holder. if you buy
- How you will pay household expenses, such as utilities and repairs
- How you will make big purchases in the future, such as whether one person will pay the expense themselves or if you will both contribute
- How you will deal with debtsdebts Money you owe to others, including individuals and companies. Debts include mortgages, credit cards and loans., both your individual debtsdebts Money you owe to others, including individuals and companies. Debts include mortgages, credit cards and loans. and debtsdebts Money you owe to others, including individuals and companies. Debts include mortgages, credit cards and loans. you incur together
- If one person has significant assetsassets Something a person owns that has value. Assets include houses, vehicles, furniture, money and investments., how you will manage those assetsassets Something a person owns that has value. Assets include houses, vehicles, furniture, money and investments.
- If one person has children, the parenting arrangements and any agreements between you about their care
- If you will include each other as beneficiariesbeneficiary A person who receives income or property from a trust. An example of a trust is a deceased person’s estate. in your Wills
Consider including:
- How you will divide your joint assetsassets Something a person owns that has value. Assets include houses, vehicles, furniture, money and investments., including your home, bank accounts, furniture and vehicles
- How you will divide your joint debtsdebts Money you owe to others, including individuals and companies. Debts include mortgages, credit cards and loans., including credit card balances and mortgage
- How you will deal with the family home, such as who will live in it
- Property that will not be divided and that one person will keep, such as inheritances or significant assetsassets Something a person owns that has value. Assets include houses, vehicles, furniture, money and investments. they had before the relationship
- Whether one person will pay partner support to the other person
- If you have children, what the parenting arrangements will be
When making your agreement, it is a good idea to learn what the law says about how to divide everything up and partner support.
Get legal advice before signing
Once you both agree on what it should say, put your agreement in writing. You can choose to write it yourself or you can get help from a professional. If you get help, decide who will pay the fees.
Before you sign the agreement, each of you should get independent legal adviceindependent legal advice Advice that each person involved in a legal issue must get from their own lawyer. Usually the advice is about an agreement to resolve issues. Your lawyer will review the agreement with you to make sure you understand it. They will also let you know if the agreement is unfair or does not follow the law. The other person must see a different lawyer than you to get advice.. This means that you each meet with a different lawyer, who will go through the agreement with you.
The lawyer will explain what you are entitled to under the law and whether the agreement is fair for you. They can also help you make sure the agreement is legally binding, which means the court can enforce the agreement if one person is not following it.
If you need to change your agreement down the road, follow this same process to make sure your changes are legally binding.
Sign an Adult Interdependent Partner Agreement
Adult interdependent partners have certain rights and responsibilities under the law, which may benefit you and your partner.
If you have not lived together for three years and do not have a child together, you can become adult interdependent partners by signing an Adult Interdependent Partner Agreement. Learn more about these agreements and how to make one on the What is your marital status page.
Potential issues
I don’t know if we are adult interdependent partners yet.
An adult interdependent relationship exists if you have lived together for three years, live together and have a child together, or sign an Adult Interdependent Partner Agreement. Learn more on the What is your marital status page.
I don’t know if my cohabitation agreement is fair.
If your agreement says how you will divide your assetsassets Something a person owns that has value. Assets include houses, vehicles, furniture, money and investments. and debtsdebts Money you owe to others, including individuals and companies. Debts include mortgages, credit cards and loans. if you separate, you should understand what the law says so you can decide if your agreement is fair. Learn more on the Rules for dividing everything up page. It is also a good idea to get legal support before you sign a cohabitation agreement.