Hello,
I have a common-law partner who has been living with me for 6 years. Our relation deteriorated for last 3 years, sleeping in a separate bedroom for last 4 years and we both agree we are impossible and should separate, but he refuses to move out. We have a constant silent conflict and aggressive fights once in a while police involved/ the kids exposed to. He refuses any discussion with me or with the other third parties such as mediator, his friend, or lawyer to resolve for official separation. We have a toddler daughter, and my teen daughter from previous marriage is living in the same house.
I am wondering if there is any a quick way to have a physical distance with him to avoid further conflict which would be accelerated once I officially move forward to resolve custody/financial issue at the court. Here is my question;
1. Would it be good idea to move out with my children ( one with him and the other with the previous marriage) to an apartment temporary?
2. Or can I sell or lease the house without his approval and move to another with the children? ( transferring mortgage ) Can he still remain at the property?
3. Can I kick him out officially and stay at current home with the children?
I am the sole owner of the house and his name is not on deed/mortgage, his name is none of the bills and accounts. It is my understanding that since we are common-low, he is not entitled to the equal property division but could claim for constructive trust or spousal support.
One lawyer told me that since I am the sole owner and it is common-law, I can write an eviction note & enforce through police but I might be punished for that later at the family court if he is not capable financially.
He is self-employed contractor, physically fit, has a truck and a lot of equipments stored at his shop he rents. None of his finance has been disclosed to me and all I know is he never filed tax last 10 years. I have been paying all the bills for last 4 months since he stopped his payment to me which used to be around 600-800 monthly. Will I be punished sill if I evict him? My income is around 35K annual and very difficult to keep on.
Thanks for your advice.
I have a common-law partner who has been living with me for 6 years. Our relation deteriorated for last 3 years, sleeping in a separate bedroom for last 4 years and we both agree we are impossible and should separate, but he refuses to move out. We have a constant silent conflict and aggressive fights once in a while police involved/ the kids exposed to. He refuses any discussion with me or with the other third parties such as mediator, his friend, or lawyer to resolve for official separation. We have a toddler daughter, and my teen daughter from previous marriage is living in the same house.
I am wondering if there is any a quick way to have a physical distance with him to avoid further conflict which would be accelerated once I officially move forward to resolve custody/financial issue at the court. Here is my question;
1. Would it be good idea to move out with my children ( one with him and the other with the previous marriage) to an apartment temporary?
2. Or can I sell or lease the house without his approval and move to another with the children? ( transferring mortgage ) Can he still remain at the property?
3. Can I kick him out officially and stay at current home with the children?
I am the sole owner of the house and his name is not on deed/mortgage, his name is none of the bills and accounts. It is my understanding that since we are common-low, he is not entitled to the equal property division but could claim for constructive trust or spousal support.
One lawyer told me that since I am the sole owner and it is common-law, I can write an eviction note & enforce through police but I might be punished for that later at the family court if he is not capable financially.
He is self-employed contractor, physically fit, has a truck and a lot of equipments stored at his shop he rents. None of his finance has been disclosed to me and all I know is he never filed tax last 10 years. I have been paying all the bills for last 4 months since he stopped his payment to me which used to be around 600-800 monthly. Will I be punished sill if I evict him? My income is around 35K annual and very difficult to keep on.
Thanks for your advice.
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