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Domestic Violence Dealing with abuse and violence. Getting support and help.

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  #11 (permalink)  
Old 05-18-2010, 05:20 PM
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Quote:
Originally Posted by billiechic View Post
That is horrible. I wish your mother well.
thanks. This has been a long time coming and I kept telling her to get an agreement written up to protect herself. She has told me for the last two years she wanted him out and I kept telling her to get rid of him then.
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Old 05-18-2010, 07:34 PM
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well the cops made her sign a paper with the threat that either she signed or they were taking her to jail. It stated she cannot go to her home and she cannot drink.

She is going to see if she can talk to the crown attourny and see if he will drop the charges and maybe just go with mutual peace bonds and he leaves the home. She has no record and hopfully this is an option.
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Old 05-18-2010, 07:47 PM
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another quick question, the police said he has a right to be there even though the property is in mine and my mothers name. It is a common law relationship.
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Old 05-18-2010, 08:14 PM
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Quote:
Originally Posted by standing on the sidelines View Post
well the cops made her sign a paper with the threat that either she signed or they were taking her to jail. It stated she cannot go to her home and she cannot drink.

She is going to see if she can talk to the crown attourny and see if he will drop the charges and maybe just go with mutual peace bonds and he leaves the home. She has no record and hopfully this is an option.
That process is known as Recognizance by way of Undertaking. They most likely made her sign three individual copies as well. In the alternative ... If she didn't agree ... they would of went before a Justice or Justice of the Peace at next Bail court...resulting a few days incarceration.

Quote:
Originally Posted by standing on the sidelines View Post
another quick question, the police said he has a right to be there even though the property is in mine and my mothers name. It is a common law relationship.
They have their rights under the family law act... If they don't co-operate and vacate - order under parallel action would have to be sought. Deal with the criminal matter first.

I can only recommend that they consult their criminal lawyer before speaking to the Crown - It's a criminal matter - anything said including statements made throughout to authorities can be used against your mother to convict. She has a right to remain silent. She best do so.
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Old 05-18-2010, 08:45 PM
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Possession of the matrimonial home means the right to stay in the matrimonial home, regardless of ownership. In Ontario, upon a marriage ending, both parties have the automatic right to say in the matrimonial home, even if it is not in their name. You have no such right in a common law relationship - if your name is not on the home, you could simply come home one day and find yourself locked out. Although theoretically when you separate you can ask the court for possession as part of spousal support, such requests are rarely successful.

so this is what i got off the link on this site for the common law status in regards to the home. So she cannot just lock him out of the house like this says?? He has no bills in his name, doesn't pay rent etc and Mom had the home before he came into the picture. It was already paid off . Also he keeps contacting where my mom is staying. The latest is that the police are coming to see him and get him to sign something. He apprently told the police he did not want her charged with anything. I am thinking that it is probably a complaint or something he has to sign about what happened but I am not sure.

Last edited by standing on the sidelines; 05-18-2010 at 08:49 PM.
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Old 05-18-2010, 08:58 PM
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Yeah - and to complicate - the criminal matter and recognizance. To my understanding, the Crown Brief for information is privileged to any pending civil action to vacate the home.

Although, if the "Joint owners" decided to list property to yield potential sale... It wouldn't be unreasonable relief to have the home vacated...potential for sabotage etc. However, this may trigger cross claim under the family law act...
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Old 05-18-2010, 09:45 PM
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to complicate matters more. My mom and I are the co-owners of the home. This was done in October 31 of 2008. It was all legal and done by a lawyer.

He told my grandmother he wants to leave, why he doesn't is a mystery to me. He also told one of my moms friends that he wants out and that his sister wants him to live at her place.

Why do people do this?? If he would have just left earlier in the year like he said he wanted to then none of this would have happened. He has money from the sale of his house so it is not like he would be broke and homeless.
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Old 05-18-2010, 10:10 PM
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Quote:
Originally Posted by standing on the sidelines View Post
to complicate matters more. My mom and I are the co-owners of the home. This was done in October 31 of 2008. It was all legal and done by a lawyer.

He told my grandmother he wants to leave, why he doesn't is a mystery to me. He also told one of my moms friends that he wants out and that his sister wants him to live at her place.

Why do people do this?? If he would have just left earlier in the year like he said he wanted to then none of this would have happened. He has money from the sale of his house so it is not like he would be broke and homeless.
As owners in common - nothing really prevents you from listing the sale. This doesn't mean your going to sell the home... maybe they will take the hint and leave... As owner, nothing prevents you from visiting the property with agent in preparation of Sale...Just a thought...
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Old 05-19-2010, 06:57 AM
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Quote:
Originally Posted by logicalvelocity View Post
As owners in common - nothing really prevents you from listing the sale. This doesn't mean your going to sell the home... maybe they will take the hint and leave... As owner, nothing prevents you from visiting the property with agent in preparation of Sale...Just a thought...
great idea. That way i can get inside and take pictures of the condition of her stuff without him be able to do anything. I just do not fall into the trap of getting into an argument with him. I am actually friends with a real estate agent and he can help me with that.

That is why I like this board, I get ideas that I never thought of.

thanks so much and will keep posting on the latest
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Old 05-19-2010, 08:22 AM
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These provisions in the Family law act for the matrimonial home are comparable to provisions in the landlord tenant act (and they've changed the name of the act and I can't remember off the top of my head) that won't allow a landlord to simple change the locks and toss a tenant's belongings out on the street. This is so even if the tenant is months and months behind in rent. The landlord must go through process to have the tenant evicted and the tenant has varies avenues of appeal.

In the end, yes, it can take months to evict someone. I would suggest you look at websites with information for landlords seeking to evict. The process does not need to be costly, eviction at least is something you should be able to file yourself, like small claims.
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