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Love and Mortgages: Buying a Home with Your Partner in Canada

Updated

Buying a home together is one of the biggest financial decisions a couple makes. Whether you are married, common-law, or newly committed, there are important decisions that affect your qualification, protection, and what happens if things change.

Joint vs. individual mortgage application

Joint Application Individual Application
Income Combined income of both partners Single income only
Debts Combined debts of both partners Single applicant’s debts only
Credit Both scores assessed — weakest may affect rate Only one score matters
Qualification Usually qualifies for more May qualify for less — but avoids carrying partner’s debt
Liability Both jointly liable for full mortgage Only the applicant is liable
Best when Both have good credit and manageable debt One partner has poor credit, high debt, or irregular income

When to apply with one person only

Situation Why It Helps
One partner has credit score under 650 Joint application may get a higher rate or be declined
One partner has a large car loan or student debt Their debt raises the TDS ratio and reduces buying power
One partner is self-employed with limited history Less than 2 years of self-employment income is hard to qualify with
One partner has a recent bankruptcy or consumer proposal Disqualifies or severely limits joint application

Important: Even if only one person is on the mortgage, both can be on the title. And regardless of who is on the title, married spouses have equal rights to the matrimonial home.

Title options for couples

Title Structure What It Means
Joint tenants (most common for couples) Equal 50/50 ownership with right of survivorship — when one dies, the other automatically gets full ownership
Tenants in common Can be unequal shares, no automatic survivorship — each person’s share goes to their estate

Recommendation: Married couples almost always use joint tenancy for the survivorship benefit. Common-law couples should carefully consider tenants in common if contributions are unequal.

Issue Married Common-Law
Matrimonial home protection Automatic — cannot sell or mortgage without spouse’s consent No automatic protection in most provinces
Property division on separation 50/50 division of family property (most provinces) Property belongs to title holder unless agreement exists
Spousal support obligation Yes Yes (in most provinces after 2–3 years)
Estate rights Automatic inheritance rights No automatic rights — must be in will
BC exception Standard rules After 2 years, treated same as married for property division

Common-law couples: protect yourself

If you are common-law and buying together, a cohabitation agreement is essential. Without one, if the relationship ends:

  • The partner whose name is on the title keeps the property
  • The partner who contributed to the down payment or mortgage payments may have to go to court to recover their investment
  • Legal costs for an unjust enrichment claim: $20,000–$50,000+

A cohabitation agreement costs $1,500–$3,000 and avoids all of this.

How to handle the down payment

Scenario How to Document It
Equal contributions Simple — each contributes 50% from their own accounts
Unequal contributions Document each amount in writing; can structure as a gift, loan, or equity adjustment
One partner gifts the entire down payment Gift letter (for lender) plus notation in cohabitation/prenup agreement
Parents gift to one partner Gift letter for lender; decide whether it creates unequal ownership or is a gift to the couple

Why documentation matters: If you separate, the down payment source becomes central to the property division. Without written records, it becomes a “he said / she said” dispute.

Protecting yourself with a prenup or cohabitation agreement

What the Agreement Covers Why It Matters
Who contributed what to the down payment Establishes baseline equity split
How mortgage payments are shared Creates a record of contributions
What happens to the home if you separate Avoids court battles
Who keeps the home if both want it Right of first refusal with fair valuation method
How equity growth is divided Proportional to contribution, equal, or some other formula
What happens if one person pays significantly more Adjustment mechanism (e.g., equity credited for extra payments)

What happens if you separate

Married couples

Option How It Works
Sell the home, split proceeds Most common — cleanest path. Net proceeds (after mortgage payoff and selling costs) split per separation agreement or court order.
One spouse buys out the other Buying spouse refinances into their name only, pays the other their share of equity. Must qualify individually.
Deferred sale Home is kept (usually for children’s stability) and sold at a future date. Both remain on the mortgage until then.

Common-law partners

If You Have an Agreement If You Don’t
Follow the terms of your cohabitation agreement Property goes to the title holder
Buyout calcuated per agreement’s formula Other partner may sue for unjust enrichment
Dispute resolution clause avoids court Court is expensive ($20,000–$50,000+) with uncertain outcomes

Mortgage implications of separation

Issue Detail
Both remain liable until refinanced Even if you agree one person keeps the home, both are liable on the mortgage until the lender approves a release
Qualifying on one income The remaining spouse must qualify for the full mortgage alone — may need to reduce the balance
Credit impact If the mortgage goes unpaid during a dispute, both credit scores are damaged
Timing Give yourself 3–6 months for the refinance process

Financial planning as a couple

Decision Options
Joint bank account for housing Set up a shared account funded by both partners for mortgage, taxes, insurance — keeps household costs transparent
Emergency fund Maintain 3–6 months of housing costs as a couple (mortgage + taxes + insurance)
Life insurance Consider term life insurance equal to the mortgage balance — if one partner dies, the other can keep the home
Disability insurance Protects income if one partner cannot work — more important than mortgage life insurance from the bank
Will update Update wills to reflect home ownership, especially for common-law couples without automatic inheritance rights
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