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Old 07-12-2013, 02:02 AM
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Default Hi Newb with some questions.

My ex common law partner is currently living in a house owned by myself and my mother. I have been paying all utilities and mortgage since we broke up 8 mths ago. She changed the locks on the doors and refused to give me a key, while she was away I changed the locks. Her friend broke into the house and the police were called. The police indicated that she has the right to change the locks and prevent me from entering. I want to know if I am allowed to move my adult daughter into the house, if i can move back in and what is required to evict her from the property so that I can have use of my property again. I have our 15 yr old son living with me since January and would like the house back because that has always been his home. We are in Ontario. I am so confused because I keep getting conflicting information from law enforcement, and the advice I have gotten from advice lawyer and via a free lawyer consult have been polar opposites.
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Old 07-12-2013, 07:49 AM
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Is the ex partner currently paying any kind of rent?

Were you actually "common law" (ie. 3 years living together and/or have a child together).

Are you current involved in any kind of court action respective to the assets?

Your situation is crossing into two different areas...one of common law vs. that of landlord tenant.

Quote:
She changed the locks on the doors and refused to give me a key, while she was away I changed the locks. Her friend broke into the house and the police were called. The police indicated that she has the right to change the locks and prevent me from entering
Police are incorrect. You could show up with a locksmith while she is at work and have the locks changed. Nothing she can do about it.

Even treating this as landlord/tenant, you have a right to inspect the property as long as 24 hours notice is given.

Worse case scenario, move back in some day while she is at work. Hi honey I'm HOME Just make sure you have a voice recorder running at all times.

It's been 8 months so it could be a little dicey at this point, but technically you can do that. Expect her to run to a lawyer and try to get exclusive possession, but you could always counter with "I can't afford to pay all the expenses with this home PLUS maintain my own".

Your OTHER option is to begin eviction proceedings and treat this as landlord/tenant. I would have your co-owner do so rather than you initiate it. That should at least get her out in 30 days. (little less if you pay the fees to fast track it).
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Old 07-12-2013, 08:25 AM
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NB Dad has some very good points.

If you do choose the eviction option. I would suggest that you go in and take pictures with a date stamp on it befor you start the eviction process.

This way if she causes any damage to the house you have proof of the stat of the house prior to the eviction.
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Old 07-12-2013, 09:28 AM
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One note - unless there is a restraining order restricting your from being around the ex, you are entitled to reside in your residence.

IMO - it may simply be easier to evict her.

Send her a notice for rent. Ensure that rent is fair market value and not some absurd amount. If she refuses to pay, you send an eviction notice.

You can also evict a tenant if you are allowing family to move in. So if you give notice to your ex that your adult daughter is moving into the house, and she has 2 months to vacate, you should also be able to get away with it.

Because she is common law (if she meets the test for being common law as set out by the posters above), she has little entitlement to the house if any. Common law is different than marriage and there are no automatic entitlements to the house.

I'd say she is in kind of a grey area, that she may have been common law and now she is essentially a tenant. So I would go the landlord/tenant route to get her out.
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Old 07-12-2013, 11:26 AM
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Quote:
Originally Posted by auroradiem View Post
She changed the locks on the doors and refused to give me a key, while she was away I changed the locks. Her friend broke into the house and the police were called. The police indicated that she has the right to change the locks and prevent me from entering.
You inform the police that she does not own the house, you do, and she does not have the right to change the locks and prevent the owner from entry. The police were absolutely wrong on this issue. They are not experts in either family law or landlord tenant law.

Getting her evicted requires going through the Sherrif's office, and it can take months. You can save money by using a paralegal for this issue.

You should take her to civil court/small claims court to get payment for rent and utilities for the last 8 months. You can fill small claims yourself, it is designed to be simple for you to self-represent, or you can hire a paralegal for a fraction of the cost of a lawyer.

By beginning a small claims case, you are establishing her as your tenant, not your spouse. By beginning the process of eviction through the landlord tenant system, you are doing the same. You need to get this out of the family court system, it doesn't belong there, which is why the police gave you misinformation.

If you wish to have the house for your own use, you may evict a tenant on those grounds.

Once you start treating her as a tenant, she MAY wise up and just move on.
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Old 07-12-2013, 12:07 PM
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Common law applies to this situation. I have our 15 year old son living with me. She pays nothing at all towards the cost of the house. I do not take any money from her whatsoever. I gave her notice that she will need to leave the house soon as I was thinking about putting it on the market. She responded to that by changing the locks and refusing to give me a key (until she says the house is sold). After I put on the new set of locks she called the police. There has been nothing "official" yet in terms of court proceedings but I get whiffs of information that she is planning to accuse me of abuse. I would like to know if it is legal or even a good idea to move my adult daughter into the house while my ex is still there? It IS a very grey area. Ideally I would like to be back in the house before the start of the school year for our son. I have owned the house since 1977.
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Old 07-12-2013, 03:11 PM
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My question is this...can he not go the police and file a report stating the facts of the situation, he ownes the house, she is has been a tenant for 8 months... and that he has been advised that she will put false charges against him?
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Old 07-12-2013, 03:14 PM
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Expect her to run to a lawyer and try to get exclusive possession, but you could always counter with "I can't afford to pay all the expenses with this home PLUS maintain my own".

I apologize if I am not using the quote function properly. My research indicates that exclusive possession is only available to married couples? I have further looked into it and POSSIBLY she may try under the pretense of saying that I am abusive and that she requires the home for her own use, even though we were never married. Our son lives with me, so it would be most convenient to me to have the house back. It got very ugly, very quickly when I got wind of the fact that she was planning to move a friend into the house without my permission or knowledge as a boarder. She also made plans with this friend to empty most of the contents of the house into a storage locker w/o telling me.
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Old 07-12-2013, 03:17 PM
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Slughead 10 how do I treat her as essentially a boarder if she is the only one currently living in the house? (That was the thought process behind moving my daughter back into the house.)
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Old 07-12-2013, 03:22 PM
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My mother who co-owns the house is very wary of her. When I messaged my ex about moving out she called my mother and blasted her on her voicemail. I will try to talk to my mother again to see if she would be willing to give the notice of eviction in her name.
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