According to a new survey, 59% of unmarried Canadians who have lived with a romantic partner to whom they were not married believe the rights of co-habitants are the same as those for a married couple in the case of separation.

The survey, conducted for Lawyers.com, found that only 30% had a legal co-habitation agreement with their partner.

These couples may be in for an unwelcome surpise as common-law spouses do not have statutory property rights at the time of separation.

“When co-habitants don’t have an agreement in place during a separation, things can get very messy, very quickly,” said Aaron Franks, a partner at Epstein Cole in the area of family law, and a consultant to lawyers.com.

“Without the benefit of a co-habitation agreement, couples face significant financial uncertainties if their relationship breaks down. First and foremost is the possibility that either party may assert a property claim on the main residence. These claims can be dealt with if a co-habitation agreement is drafted and the parties choose how to deal with their separate property. All in all these kinds of agreements tend to discourage subsequent litigation and provide for an orderly division of assets if the relationship breaks down.”

The Ipsos Reid survey conducted for lawyers.com, an online legal resource centre from LexisNexis Canada that helps consumers and small businesses find lawyers and legal information, revealed that 48% of Canadians have lived with a partner to whom they were not married. Canadians aged 55+ were the least likely to have lived with a romantic partner to whom they were not married (35%), whereas those aged 35 to 54 were the most likely (58%).

Some meaningful differences between provinces were observed. Quebecers were the least likely (52%) to recognize the rights of co-habitants as the same as those for a married couple in the case of separation. They were also the most likely to have co-habitation agreements with their partner (57%). On the other hand, British Columbians were the least likely (16%) to have co-habitation agreements. Canadians in the Atlantic provinces were most likely to believe the rights of co-habitants are the same as those for married couples in the case of separation (71%).

The lawyers.com web site provides information on co-habitation agreements and detailed findings from the survey.