He Wont Leave

[tenderhearts]

We've been common law 20 years and have a 19 year old daughter together who is in university. The house, vehicles, everything is in my name. He has never had a real job: just does odd jobs for cash. Although I have always asked him to get a job, he never has. I pay the mortgage and all the bills. He will occasionally pay for groceries but mostly I do. He pays for any extras, new TVs or whatever, when he can. I do all the cooking, cleaning, laundry, etc. He does any renovations when required. The only regular chore he does is take out the garbage. There has been no intimacy in the relationship for about three years now. I am sick of pulling all the weight and have asked him to leave on several occasions but he refuses as he believes he is entitled to half of everything. I disagree. I have seriously considered selling the house so he has no choice but to leave but I really don't want to uproot my daughter while she is still in school. How can I make him leave ?

[SillyMe]

I don't know but, do you clean fish and own a boat

[standing on the sidelines]

the fact that he does renovations my help him out in regards to the house. he may have a claim for unjust enrichment.

[tenderhearts]

In my opinion, the renovations he did counts toward his rent as he never paid for anything. He doesn't have the money to go see a lawyer anyway. I just want him to leave.

[cashcow4ex]

Did you own the house before you became common law? Or was it purchased while you were together?

[cashcow4ex]

By the way, it sounds to me by your original post that you are the bread winner.

You better hope he doesn't smarten up and get a lawyer because I see you paying indefinte Spousal Support in your future.

[Teenwolf]

Not sure how it is your province, but in mine, property is not divided 50/50 in common law relationships. A lot of people think it is, but it's not. What's yours is yours and what's his is his. If there's a dispute about the house, then who's name is on the deed? If both your names are on there, then it's 50/50. If only one person's name, then that person owns it - not the other person.

With this said, he can make claim to a portion of the home under unjust enrichment. However, whatever he claims, he must be able to prove. If he provided labour for renos, then he needs to have some receipts to prove that supplies were bought and used on the home with his labour. If he paid some bills, which enabled you to pay all the mortgage, then he needs receipts to show what he paid.

The same holds true for you; if you claim to have paid for all (or most) things, then have receipts to back it up. It looks like you'll have a court battle ahead, so start getting your paperwork and receipts organized now.

As mentioned earlier, you will be on the hook for spousal support. If he's smart, he'll claim that he was a stay-at-home dad all these years.

How to get him to leave? Phone the police. His name is not on the deed, so he doesn't own the place. If that doesn't work, phone a lawyer and get advice about how to get a court order directing him to leave. On second thought, phone a lawyer and get advice as your first step.

[standing on the sidelines]

the police will not get him to leave even if his name is not on the deed. Talk to a lawyer and get the lawyer to send him a letter with a time limit to move out. Might as well get the ball rolling.

[tenderhearts]

The house was purchase when we were together and it is in my name only. He did not contribute financially toward the purchase. I am the bread winner but not by choice. He would just never get a proper job - odd jobs for cash only. I couldn't even tell you how much he makes. He doesn't even have a bank account. I have had enough and want him out. I guess I'll have to see a lawyer. Thanks for your input.

[Teenwolf]

I'm not sure how far you'll get with the "not by choice" argument. I'm sure there are men out there, who had a stay-at-home wife (not by choice), but there still on the hook for spousal support. Whether is was your preference or not, the reality is that you supported him for 20 years.