Few topics make couples more uncomfortable than the idea of a “prenup.” But in British Columbia, these agreements aren’t about distrust—they’re about clarity. Whether you’re buying a home before marriage, living together long-term, or protecting property from a previous chapter, a written agreement can help you start strong and stay secure.
Here’s what you should know about prenups, cohabitation agreements, and property ownership when buying real estate together in BC.
Both serve the same purpose: to set clear expectations and avoid disputes about property or finances later on.
In BC, property laws assume most assets acquired during a marriage or common-law relationship are shared equally. That includes real estate, even if only one name appears on title.
Without an agreement, the Family Law Act applies by default. That means if you separate, the home’s value (and any increase in excluded property) is divided 50/50—unless you can prove a different intention through documents or agreements.
An agreement puts your intentions in writing, making things clear long before emotions or misunderstandings enter the picture.
If you own a property before marriage or moving in together, it’s considered excluded property under BC law. However, any appreciation in value during the relationship becomes family property and may be divided equally if you separate.
A cohabitation or marriage agreement can confirm that the property—and its growth—remains yours. It can also outline fair alternatives, such as sharing only the appreciation after a certain date or up to a fixed percentage.
On the other side, if your partner will be contributing to mortgage payments, renovations, or household expenses, an agreement can acknowledge that and set a fair formula for equity sharing. This avoids situations where one partner invests heavily but isn’t protected by title ownership.
The goal is mutual fairness, not advantage. The agreement simply makes sure both people’s efforts and expectations are respected.
A prenup or cohabitation agreement typically covers:
For the agreement to be valid, both parties must disclose their finances fully and get independent legal advice. This ensures neither person feels pressured or misled.
The best time to make an agreement is before you buy property together. It’s easiest to talk about these topics when things are positive and calm. Once a purchase is underway, financial commitments can complicate discussions.
If you already bought a home, you can still sign a postnuptial or cohabitation amendment to document your shared intentions. It’s never too late to clarify ownership.
Bringing up an agreement doesn’t have to be awkward. Frame it as planning, not protection. You might say:
“We’re making a big investment together, and I want to make sure we both feel secure—no matter what happens in life.”
Healthy relationships thrive on communication. A clear agreement can actually strengthen trust by removing uncertainty about money and ownership.
Your realtor helps you navigate market decisions—pricing, offers, and title registration. Your lawyer helps ensure the legal side matches your intentions. When both professionals communicate, your home purchase and agreement stay aligned.
At Mansour Real Estate Group, we often coordinate with family lawyers to make sure titles and agreements reflect what couples want, whether it’s separate ownership, shared equity, or a mix of both.
Many couples find that discussing finances early builds trust, not tension. It creates transparency, protects both parties, and reduces the fear of “what if.”
Think of a prenup or cohabitation agreement as part of your overall financial planning—like a will or insurance policy. It’s simply smart preparation for your shared future.
Buying a home together is one of the biggest investments you’ll make as a couple. A prenup or cohabitation agreement doesn’t take away from that excitement—it ensures your investment is protected and your intentions are clear.
If you’re planning to buy property together in BC, reach out to Mansour Real Estate Group. We’ll help you structure your purchase, explain ownership options, and connect you with trusted legal professionals to make sure everything is done right from day one.
The Mansour Real Estate Group, led by Mohamed Mansour, MBA and Associate Broker, is one of the Top 1% real estate teams in the Fraser Valley and a trusted authority in life-stage real estate planning—from first homes and newlywed purchases to family transitions and estate sales. With over 20 years of experience and more than $750 million in transactions, we deliver exceptional results with professionalism and care across Surrey, Langley, Delta, White Rock, and Abbotsford.
Address 15595 24 Avenue, Surrey, BC, V4P 1H5
