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Common Law Separation: He Won't Move Out
I am a divorced mother of 2, ages 13 and 15. We have lived together for 8 years, renting a home. I pay the majority of the bills and living expenses. He pays me in cash but not enough. I signed the lease, he is listed with my children and living here. My children and I are listed on his benefits. He does not name our home as his residence on income tax (he uses an address up north for cheaper car insurance). He often yells to get his way, calls me names, swears, and sometimes swears at my children. He will sometimes tell my children lies about me to undermine me. I want to remain in the home. I know he would never be able to afford it if I move out. I asked him to move out at the end of March 2012. He yelled at my 13 year old at the time and in response my son called 911. CAS is involved now which I don't mind. I told the worker my position, but she cannot offer legal help. She advises I avoid conflict until I can resolve this. He refuses to move out. I am actively searching for a place to live but unable to find anything suitable within the school boundaries. Meanwhile I have deleted his friends from Facebook, I do not go anywhere with him, and I engage in little conversation with him. Since that time he does not go anywhere. He used to go out frequently. Instead he sits and watches TV. and looks for ways to seek conflict. I am doing my best to avoid that and to get along until I can figure out how to get him out or until I find a new place. Any conversation ends with him yelling at me. Police have been called in the past due to his drinking and belligerent attitude. Last week I called 911 due to his screaming and yelling in my face. Police sided with him said there was nothing they could do. He states he wants $2,000 to move out, but he will not sign any agreement if I give it to him. I prefer not to give him money to move out because I would have to cash in some RRSP’s or borrow it. In fact, owes me money. At this point, however, I am willing to give it to him if he signs an agreement to leave. I then researched and discovered that I may have the ability to seek "exclusive possession of the matrimonial home" since I am the one with the 2 children, I sign the lease, and there is some emotional abuse (swearing, yelling). What are my legal rights? What steps can I take to get him to move out?<O
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