Common-Law House Possession

[jjmo]

Hey Everyone, great site!

I have a quick question regarding possession of a home in my name. I am seeing my lawyer this Wednesday but hoping I can get a bit of clarity on how it works, here is a quick summery of my situation...(warning ex is pretty nuts/bipolar).

Purchased a House 2 Years ago using combined funds from both families for a small down-payment, title and mortgage are only in my name.

Separated from living common-law (have 2 kids together) 7 months ago, I left and have been paying the mortgage since.

1 Month ago she married someone she'd been with for a month and lives at the house where I continue to pay the mortgage. The pair of them probably wouldn't be able to afford it and don't qualify for a mortgage.

There's been a lot of drama and I am sick of trying to help her and want to look out for myself and to re-take possession of the home. The question is basically what are my options, is this my house? Can I just say I'll give you 60 days to find a place or have them removed?

***worth noting as it stands we would loose money to sell the house as there is no equity and value has dropped***

Thanks for any help!

[Mess]

Now that she's married, he can claim it is the matrimonial home if they split up. If I were you I would be consulting a lawyer and dealing with this immediately. That's not to say he has a valid claim, but it would be a more complex argument. You are now in a position where you have to evict multiple residents, the longer this goes on the worse it is going to be.

To my knowledge, you cannot just evict them by giving them notice. You need to go to court for exclusive posession of the home. She is not the titled owner but she is a legal resident. In order to have them remove if they refuse or delay you have to go to the sherriff.

[WorkingDAD]

What about kids?

[jjmo]

Thanks for your reply's so far.

The kids are most certainly my first priority. We've had a half time alternating week arrangement where more often then not on her weeks she ends up asking me to take them which in most cases I do. I'm sure they can afford to rent a place somewhere I just can't continue to pay there way and have a life of my own, sort of at wits end with it all. The kids are always welcome to stay with me. We are in the middle of working out a legal agreement through mediation and if that fails I'll do whatever I can to make it easy on the kids. She has a pretty poor track record and I've had a temporary custody order placed once before when she ended up checking into a mental crisis center for a week which i eventually dropped. I think they'd be better off with me for the most part but I would like to have them able to see both parents equally, so I am probably going to try and go with a half-time, joint-custody agreement.

She has had a shaky employment history and keeps bouncing around jobs and getting let go. I had been paying all of the expenses for daycare during the last few months while she was working, she isn't working at the moment. Every time her employment changes she seems to want to alter the arrangements or offer me 1 night a week and every other weekend that I've told her absolutely will not fly.

[WorkingDAD]

Originally Posted by jjmo

Thanks for your reply's so far.

The kids are most certainly my first priority. We've had a half time alternating week arrangement where more often then not on her weeks she ends up asking me to take them which in most cases I do. I'm sure they can afford to rent a place somewhere I just can't continue to pay there way and have a life of my own, sort of at wits end with it all. The kids are always welcome to stay with me. We are in the middle of working out a legal agreement through mediation and if that fails I'll do whatever I can to make it easy on the kids. She has a pretty poor track record and I've had a temporary custody order placed once before when she ended up checking into a mental crisis center for a week which i eventually dropped. I think they'd be better off with me for the most part but I would like to have them able to see both parents equally, so I am probably going to try and go with a half-time, joint-custody agreement.

I would suggest secure custody/access arrangement and CS and then do house issue... You might be VERY VERY surprised how thing may change after you will say to them the free house going to end ...

Like in my situation I left Country for two weeks and went from good father to "restrain order against ex and child to prevent harassment and abuse from me..." (she did not get but that what she asked in her Application)

[standing on the sidelines]

Originally Posted by Mess

Now that she's married, he can claim it is the matrimonial home if they split up. .

would he have a claim for part of the house like that considering that she is legally not the owner of the home, basically she is a tenant??

[Mess]

She has a claim due to constructive trust. He will certainly find at least 1 lawyer in town who will encourage him to make the claim. That doesn't mean he wins, it means he makes jjmo's life hell and drags this out.

This is all to say, get off the internet and get into a lawyer's office. Get moving on a proper eviction and get the settlement finalized.