eviction notice

[shessassy]

can a common law spouse make up eviction notice to get you out of the house? I have lived here for 8 years and he is trying to say that I am a renter...We have also been engaged for 5 years. How can he do this and can the police kick me out??? Please let me know??

Thanks Jo-Anne

[Barry Allen]

Sounds like simple intimidation. Kinda unique approach...but I don't think THAT dog will hunt...it would interesting to see how he intends to 'prove' you are a renter...

Got any pictures of vactions? You guys kissing? Friends who will say you are a couple...yeah, unique approach, but not all that smart (imo)

[Max22258]

it depends which name is on the title, if only his name then there will be nothing you can do unless you have children together that would be another story.

[shessassy]

no I am not on the mortgage but I can prove I have been here since day one of the mortgage, I think my best bet is to get a lawyer and see what he says..i am scared I do have one child with me but it is not his. He did finally tell me that he has a new girlfriend. And has not been around the house for at least a month. He phoned me and said he wants his house back. I said if he gives me 50,000.00 I will leave. I do think this amount is fair and everyone has said so. I have had an inheritance of 50 thousand and put some into the house like having a deck built and new front doors and hot water tank..I also got a 25,000.00 accident claim where I paid off his zellers bill and bought tires for his truck.Most of this I can prove.I also have vacation pictures etc. Do I really have a leg to stand on. I know I do not have much money and if I put a lawyer on retainer on my visa could I get enough money back to pay it??I am rambling because I am so scared, Right now I do not even have a months rent and deposit so I can move..He says 50 thousand is not reasonable what do you think...Is he just trying to scare me more?

Thanks
Jo-Anne

[billiechic]

Your accident claim is your money. He has no right to money from an injury.

As for the eviction, he has to apply through the Housing Tribunal (Landlord and Tenant Board home page), and it is not as easy as presenting you with a letter, he needs to have a lease and proof that you are a renter. Once he files his eviction you have a chance to respond and a court date will be set. Check out the link, you should be able to get more info there.

[westwood]

Although his name is on the title for the house, (basically he owns it), you have been living common law and been a contributing member to the household from day one. Not sure where the 50,000 amount came from but what you are entitled to is half the value (assets) over the 8 year period you were living there. If you are buying his tires, paying off bills, and vacationing together then it sounds like you would be sharing the household bills also.

If this is the case then you should receive half the equity in the home accumulated over the past 8 years. Value of the house now - value of the house then - mortgage owing - down payment. If that works out to $50K then so be it.

Also, stay in the house till you work something out. He wants his house back so you will have to mediate something. This sucks, he left you, but you will have to work something out and unfortunately you can't tack on extra for pain. You will need to be reasonable.

[Max22258]

You do not have a leg to stand on for the house, did you make payment on the mortgage or rent and you need proof. For all the bills of the house you need proof, for evrything else keep your receipt or gather them as you need proof. Yes he can kick you out, i would offer my help as I live alone in this big house but not sure on that.

[Max22258]

paying half the bill does not give you half the equity, if you have spent money on items to renovate the house get the proof, he cannot put you out without a court order

[got2bkid]

Did you agree to BUY the house together? I lived with my boyfriend for 8 years, in a house he bought by himself when we first dated. I paid my share of the mortgage and helped pay/renovate the basement. However, when we split up I felt like it was HIS decision to buy the house and he should profit from the increase in value, not me (and it was substantial). I would have been paying rent elsewhere and it was MY DECISION to live there. I asked for nothing, walked away, and got on with my life.

[Max22258]

Jo-anne,

you need recipt as to what you put in the house, get a legal aid lawyer quick