Right to remain in the home / forced to leave

[brooksieks]

I am leaving a common law relationship where we own a home together. I own 1/3 she owns 2/3. Due to financial constraints and other considerations I need to continue to reside here for several more months and have arranged to do so in the finished basement. We will be separated by a locked door. There is no abuse or violence simply the relationship has expired.
Question is: Can she force me to leave sooner? or What are my rights? How long can I continue to live here?

[Mess]

You have the right to continue to reside there for as long as you want.

She has no "right" to ask you to leave or to have exclusive possession.

She can go to court and seek exclusive possession, she would have to show a good reason, it's not something they hand out. For that matter, you have the same right to seek exclusive possession if you have cause.

Depending on your relations right now, you should be concerned that you two will end up in arguments etc. Would she accuse you of assault to get you out? This has happened to other people. Or maybe she is reasonable. Only you can say.

The locked basement is a good idea. I would hope you have your own kitchen/bathroom and never have to go upstairs. If there is a separate entrance so much the better.

[standing on the sidelines]

watch yourself. My mom and I own her home, her and the parasite she has there got into a fight my mom pushed him (she is 5'1' and 125lbs he is 5'10 and 210lbs) and she left the home to go to a friends till the situation cooled off. Next thing you know she is arrested for assault and cannot go back into the home. They are not married, just common law.

[Mess]

If your mom pushed me, do you have a problem with me charging her with assault? Why is it different for him? Does she have a special license to be violent with him?

Being 5'1" doesn't give anyone the right to be violent and abusive. I have read the story in your other posts and I realize why you call him a "parasite" but the reality is, your mother accepted this situation for years, she could have ended this at any time. She created the situation equally as much as he did. If she was getting nothing out of it, then she needs psychiatric help. In reality, she probably was getting something out of it, just not cash.

[brooksieks]

thx for the good news, I realize this is not a perfect solution but necessary as I am a mature (old) full time student back in college with the second career program, so not much income right now or proof of income to rent. Logistically I need to travel East an hour to school daily and then West 40 min to part time work 2-3 x a week. So staying here suits me for now.

Downstairs has a living area, bedroom, bathroom and shower, no kitchen but I can make due with toaster oven and microwave etc,The only remaining argument is the Princess daughter (27 going on 15) who has had to live with us for the last year and has greatly contributed to the demise of the relationship 'needs her shower' as opposed to being able to make due with a full size jacuzzi bath upstairs (no shower upstairs)

Very doubtful the partner would ever resort to 'assault charges' however the daughter has a history of them with her previous boyfriends so if Mom is away for a weekend I have insisted the daughter go visit friends as I do not wish to have any contact with her. We have also rarely had any communication so tend to just avoid each other.

So not perfect but survivable for now, we hope

Would you have any links where I can read more on this issue?
pls & thx
t

[billiechic]

BAD IDEA! you need to establish separate living quarters. The daughter will have to bathe in her mom's apartment.

Put a chain lock on each side of the door, that way there has to be permission from each side for either to access the other's living quarters.

[standing on the sidelines]

Originally Posted by Mess

If your mom pushed me, do you have a problem with me charging her with assault? Why is it different for him? Does she have a special license to be violent with him?

Being 5'1" doesn't give anyone the right to be violent and abusive. I have read the story in your other posts and I realize why you call him a "parasite" but the reality is, your mother accepted this situation for years, she could have ended this at any time. She created the situation equally as much as he did. If she was getting nothing out of it, then she needs psychiatric help. In reality, she probably was getting something out of it, just not cash.

he was told not to come back to the home and he was breaking in. He was drunk, my mom was protecting herself.

She is getting help for her issues. He has been abusive to her and made her feel worthless. Unless you have been in an abusive relationship you will not understand the dynamics of it.

[dadtotheend]

Both he and your mom like drinking. You said she was drinking the night she was arrested.

[standing on the sidelines]

Originally Posted by dadtotheend

Both he and your mom like drinking. You said she was drinking the night she was arrested.

I really do not want to hi jack someone elses thread. This is not about my moms situation, I just mentioned to the poster what could happen if there is an assault charge placed against him. I also said that she may have had a few drinks at her friends home when she went there after the situation

[philc]

is your name on the title? if it isnt and you live in ontario she can change the locks and you will be out on the streets as in my case and she can claim all items left behind as gifts, as in my case to.