When a common-law couple decides to buy a home, there are some key factors to get clear on.   One of the most important decisions is how you’re going to structure ownership of the home. In the event of a separation, if one common-law partner isn’t named on the title of the property, they will have no automatic rights and could legally be evicted.   That’s why deciding whether you’re going to hold the property jointly or under one name is vital.  As for the mortgage, you’ll want to document all contributions, including the down payment, especially if one partner is paying a greater percentage.   This is where a cohabitation agreement can be useful. This is essentially a legal declaration that outlines how you expect property and assets to be divided if the relationship were to end.   Because common-law relationships are considered de facto under law, what happens to your mortgage, or any other debt or asset depends entirely on the specifics of the relationship.   If a common-law couple splits up, what happens to the mortgage depends on how the property is owned, and what agreements (i.e. a cohabitation agreement) are in place.   If both partners are on the mortgage, they are both legally responsible for the mortgage payments, even after the relationship ends. If only one partner is on the mortgage, that partner is solely responsible for continuing payments, regardless of any financial contributions the other partner made during the relationship.  Learn more: How to break up your finances after a breakup