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  • Common Law seperation, home, time she can stay

    My girlfriend and her son, have lived with me for 13 years. The home is in my name and ALL bills were paid by me.

    I have a registered apartment in the home, which I have not rented for over four years. I let her son move into it, rent free.

    She has told me wants to separate, I have also found out she cheated, she has moved into the apartment with her son, in my basement.

    Question: How long am I obliged to let her stay.

    TIA

  • #2
    You actually have the right to change the locks:

    "Possession of the matrimonial home. Upon a marriage ending, there is an automatic right to stay in the matrimonial home, even if it is not in your name. You have no such right in a common law relationship in Ontario - if your name is not on the home, you could simply come home one day and find yourself locked out."

    from: Differences between marriage and common law separations in Canada

    Great site you should check it out.

    I highly recommend you don't just change the locks though. It's understandable that you may be hurt and bitter but it is never a good idea to react out of anger. Give her 2 weeks notice and tell her the locks will be changed after that.

    Good luck.

    Comment


    • #3
      Thank you, I have given her a month to make up her mind now, and I am out of patience.

      Comment


      • #4
        2 weeks sounds a little short considering the length of relationship. I think 4 weeks sounds more civil. Being civil is of course honourable, but also best to stay friendly to reduce stress and kept conflict low which is benificial to settling things quickly and fairly. If you truly can't bear the thought of 4 weeks, then okay maybe 2 is okay.

        I am sorry to hear about your situation.

        Comment


        • #5
          Be sure to handle the situation carefully as you don't want the situation escalating into this ...Man guilty of attacking ex, mom - Crime - Canoe.ca

          Comment


          • #6
            Originally posted by ResponsibleMom View Post
            Be sure to handle the situation carefully as you don't want the situation escalating into this ...Man guilty of attacking ex, mom - Crime - Canoe.ca
            Only a violent person would do that - why would you reference this article?

            I would be offended by your post if I were mrbrick.

            Comment


            • #7
              I would give her a firm date in writing and once that day comes and she is not out then change the locks. I am not sure of her financial situation so maybe you could sweeten the pot and help her with renting a new place for her and her son? I realize you are angry becasue of the cheating and just want her out but try and take the high road in this.

              Comment


              • #8
                Thank you all for the idea,s, I think I will give her another 30 days, That will be over 60 days in total.

                After that locks are changed.

                She will be hard pressed to afford a place on her own, that is her problem. She made this decision for her and us, so, she can live with it.

                Comment


                • #9
                  Originally posted by mrbrick View Post
                  Thank you all for the idea,s, I think I will give her another 30 days, That will be over 60 days in total.

                  After that locks are changed.

                  She will be hard pressed to afford a place on her own, that is her problem. She made this decision for her and us, so, she can live with it.
                  well you are giving her another 30 days, make sure she gets that in writing, so she has to chance to find someplace she can afford. Does she work at all, and does the son? I am sure if they are both working then they could find a place together with each chipping in on rent. If not, they can live with their family until they get back on their feet.

                  She is the one who wanted to separate so she has to realize that you and the house are a package deal. She did not want you so she loses out on the house also. Like you said, it was her decision so now she has to live with it.

                  If you do change the locks make sure that all of her stuff is in the apartment that he son used so she doesn't need to drag out the getting of her stuff any longer then possible. She would not have to go into the main part of the house to find things. Anything that you guys bought together maybe make a list and you both get to pick what you want taking turns.

                  You have been really nice so far so keep it up. It will soon be over and you can get on with your life.

                  Comment

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