This Common Law Partner Agreement is an agreement between two parties who live
together in a shared residence. The agreement establishes the rights, obligations,
responsibilities and debt liability for each party. Additionally, this document can be
customized under “Schedule A” and “Schedule B” to certify the financial statement of
the parties and certify that both parties have had an opportunity to obtain independent
legal advice. This document is ideal for individuals who want to enter into a common
law partnership while setting out the terms and conditions of the partnership.
COMMON LAW PARTNER AGREEMENT
THIS COMMON LAW PARTNER AGREEMENT (the “Agreement”) entered
into this ____ day of ____________, 20____.
B E T W E E N:
(hereinafter referred to as “Party 1”)
OF THE FIRST PART,
(hereinafter referred to as “Party 2”)
(collectively referred to herein as the “Party” or “Parties”)
OF THE SECOND PART,
WHEREAS, the Parties are presently living together under a domestic partnership
arrangement and commenced living together on or about the ___ day of ___________, ______;
AND WHEREAS, the Parties are desirous to have their proprietary rights and
obligations arising from their domestic partnership to be defined;
AND WHEREAS, the Parties have entered into this Agreement by their own free
will and without any duress or undue influence from the other;
NOW THEREFORE, in consideration of the premises and of the mutual
covenants and agreements contained herein, the Parties hereby agree as follows:
1. STATUS OF THE PARTIES
The Parties hereby acknowledge and agree that the joint residency of the parties shall not render
the Parties married to each other, but shall render the Parties as common law partners;
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The Parties hereby acknowledge that each Party has fully and completely disclosed all of their
financial information to the other including all of their assets, liabilities and debts. The Parties
acknowledge that each have completed a financial statement as to their current financial position
which contains each of the Parties assets, liabilities and debts and which is annexed hereto as
A. The Parties hereby agrees that each Party shall contribute ________ percent (____%) to
the joint living expenses of the Parties which shall include but not be limited to, utility
charges, residential/municipal taxes, insurance to cover the Parties residential dwelling
B. The Parties hereby agree that each Party shall deposit their respective monetary
contributes into a joint bank account for the purposes of the joint living expenses. Each
Party may at any time may make monetary draws on the joint bank account for the
purposes of paying the joint living expenses. Any property that the Parties may purchase
from the joint bank account shall be deemed to be joint property of the Parties.
A. The Parties hereby agree that they shall keep the following property separate from the
other and such property shall not be subject to the division between the Parties upon the
termination of this Agreement:
(i) salary and wages acquired by the Parties before and after execution of this
(ii) gifts, inheritances, bequests or lottery winnings;
(iii) any real property owned by a Party at the date of the execution of this Agreement
where the Party is on title to; and
(iv) any income or proceeds from the real property owned by a Party.
[Comment: user may list additional property to be kept separate]
B. The Parties hereby agree that any and all property which is acquired by them after the
execution of this Agreement, and purchased using the joint bank account, shall for all
purposes be considered joint property of the Parties.
C. Upon the termination of this Agreement or the termination of the common law partner
relationship and joint residency between the Parties, all jointly owned property shall and
will be divided between the Parties equally, or in accordance with their pro rata shares of
the percentage of monetary contribution each Party has made.
D. In the event that the Parties hereto are unable to agree on the division of joint property
upon the termination of this Agreement and the termination of the Parties joint residency,
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the Parties hereby agree that they shall appoint a mutually agreed upon third party to
divide the joint property between the parties and in accordance with their pro rata share.
A. The term of this Agreement shall commence on the date of execution and shall continue
to be in full force and effect until its termination.
B. The Parties hereby agree that this Agreement may be terminated by either Party by such
Party providing written notice to the other of their intention to cease the joint residency or
upon the death of a Party.
C. The Parties hereby agree that this Agreement may be terminated unilaterally.
6. DEATH OF A PARTY
The Parties hereby agree that upon the death of either of them, the surviving Party hereby waives
all right and interest into the estate of the deceased Party and support.
7. INDEPENDENT LEGAL ADVICE
A. The Parties hereby acknowledge that each Party has obtained independent legal advice
from a qualified attorney, licensed to practice in the applicable jurisdiction, and that each
of the Parties fully understand the terms, conditions and effect of this Agreement.
B. The Parties hereby acknowledge that they have each obtained a certificate of independent
legal advice from such licensed attorney and such certificates are annexed hereto as
[Comment: parties need to obtain certificates and attach to this Agreement]
8. GENERAL PROVISIONS
A. This Agreement constitutes the entire Agreement and understanding between the Parties
in respect of their common law partnership and joint residency. The Parties hereby
acknowledge and agree that the subject matter of this Agreement and such other
agreements and documents supersedes all prior agreements, understandings, negotiations
and discussion, whether oral or written between the Parties.
B. Any provision of this Agreement which, as it may relate to a Party, is prohibited or
unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent
of such prohibition or unenforceability and shall be severed from the balance of this
Agreement, all without affecting the remaining provisions of this Agreement or affecting
the validity or enforceability of such provision in any other jurisdiction.
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C. This Agreement shall be governed by and construed in accordance with the laws of the
Province/State of ________________ and the laws of __________ [Comment: enter
country] applicable in that Province/State.
IN WITNESS WHEREOF, the Parties have executed this Agreement as at the day and
year first written above.
Witness: Party 1
Witness: Party 2
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[Comment: both Parties should include a financial statement as to their current financial
position which contains each of the Parties’ assets, liabilities and debts]
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CERTIFICATE OF INDEPENDENT LEGAL ADVICE OF PARTIES
[Comment: both Parties should include a certificate from separate legal counsel that states
each party received legal advice with regard to this Agreement]
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