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Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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Old 06-23-2010, 07:59 AM
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Question changing locks

my boyfriend and his ex split up and she moved out over a year ago....the house is in both names but she hasnt put anything towards the mortgage and other house expenses..they were as living common law...can my bf legally change the locks on the house? (we live in Ontario, if that makes a difference.)
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Old 06-23-2010, 08:47 AM
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Not if her name is on the house. They aren't spouses but they are still business partners.
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Old 06-23-2010, 08:54 AM
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we have a feeling that she has been in the house when we are not here.
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Old 06-23-2010, 08:56 AM
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And she is part owner of the house. Legally she should be giving you notice so you have cause for complaint. You should follow up and take steps to remove her name from the title.

If you remove her name from the title, you can change the locks and the situation is finished. If you change the locks and don't change the title, she can call a locksmith and get in anyway. You aren't solving anything.
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Old 06-23-2010, 09:00 AM
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I totally understand that she part owner i do get that,,,,but we just want to protect our privacy as well...we are in the process of trying to get her name off but she is being unreasonable....if they sell now they will be losing alot of money through it all and the only one that will get hurt from it all, is their daughter!
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Old 06-23-2010, 09:38 AM
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You do not need to sell right now, you can buy her out, go to the bank and get some sound advice, otherwise you cannot legally keep her out. Sure she would have to give notice, but do you really want the headaches, breach of privacy?
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Old 06-23-2010, 10:02 AM
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Personally I would go ahead and change them, and let her know via email. You don't KNOW it was her for certain in the home when you were not there, so you could try to play the "safety angle".

ie. A neighbour had indicated to you in passing that they believed someone had been seen snooping about the home when you weren't there, so to be on the safe side, you have changed the locks accordingly.

She can try to call a locksmith, but typically they require proof she lives there. If she has been on her own for over a year, then legally she was supposed to change her information to her new address. (Does she still receive mail there or have any other reason to be using the address?)

If you want to head off THAT headache...make sure she is notified, in writing of someone you trust that has a copy of the key should she need access to the home for whatever reason. (since technically she IS part owner and therefore is entitled to ENTER the home, as long as notice is given. (24 hours I believe, check your local rentalsman office for what the legalities are). Be it your lawyer, a trusted neighbour, a family member, etc.

You should be pushing for an exclusive possession order asap, pending resolution to equalization of the asset.
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Old 06-23-2010, 10:50 AM
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no i dont know for cetain but i do know that others in her family has keys to the place!
thank you for the advice....its appreciated.
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Old 06-23-2010, 10:53 AM
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Between his ex and my ex....they are a headache enough, on top of the other things that have been going on! But we will get through it all!! They will grow tired soon!
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Old 06-23-2010, 12:04 PM
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I changed my locks as I knew she was going in when she knew I was at work. Sure as shit, she was. Explained why some things were missing. Other than her flipping out, there were no ramifications subsequent. IF she has nothing there, there is no reason for her to be there.
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