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  • Common law issue

    Hi My partner and I have not been getting along lately.The other day,I went to go into the garage and it was locked. He had put a new lock on it. I asked him for a key and he denied me one,said"what do u need,I'll get it". He said he "had a business to protect". He's a part time handyman. We co-own the house,of course the garage is part of the property. I have the right to go into the garage any time I wish,if I want to sand or paint something,or even if I want to just sit in there ,I have that right. I have not made any threat of any kind towards his property so have no idea why he is doing this. How do I get him to give me the key,or how do I gain access to the garage? I'm certainly not going to break in.

  • #2
    That isn't a common law issue, it's a domestic issue which isn't addressed by family law. If your relationship is ending that would make it a common law issue if you decided to seperate. It isn't considered breaking in if you own part or all of th ebuilding and it isn't being rented out to someone else.

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    • #3
      common law issue

      Thanks for reply to my post.So if it isn't a common law issue,as we are not yet separated and it's a domestic issue,then what are my options? Do I call the police to come over and open door for me?

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      • #4
        Um...no. The police are there to handle emergencies. This is not an emergency, it's a disagreement. You talk to him about it reasonably and explain your reasoning. If the two of you can't come to an agreement and you still require access then you call a LOCKSMITH to have the locks changed. Make sure you both have a copy of the key so you can both access the building.

        If the conversation escalates into a dangerous situation THEN you would call the police. In the meantime, if you are sure you are seperating then you should research both your and his rights and responsibilities when it comes to the property and finances.

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        • #5
          sorry if this is off topic, but i really want to post a question and cant find the way to do it!! can anyone help me out????......

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          • #6
            I really need advice!!!!!!

            I am really lost in limbo at this point, readers digest version:I recently ended a 10 year CL relationship, it is not a good situation the house is only in my exes name so there is my first battle, I do however have a good defence of unjustfull enrichment. The issue now is on Oct 24 I had to flee from my home with my 12 year old autistic son, due to verbal threats from my ex. He destoyed alot of my property, computer, pictures (my baby ones) twisted guy, amongst other things, he changed the locks on the front door and refused my entery to retrieve mine or my sons belongings, there is so much more ugliness going on to much to print. The thing is he retained a lawyer about 2 months ago, i didnt have the funds to do so, (he was also hiding and withholding my insurance checks) but i did manage to retain one about a month ago. the interview went well with the lawyer telling me he would try to contact his lawyer that day, given the urgency of my situation (living in motels) I was very upbeat after our meeting, and went on to sign a retainer agreement with him. Well 3 weeks after our initial meeting, he tells me he STILL CANT get hold of his lawyer and advised me to go to court, but that this would substantially increase my legal fees!!! well no doubt!!!! Im wondering if this sounds fishy to anyone else that a lawyer would take almost a month to contact another??

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            • #7
              Yes it can take a month; ideally it shouldn't but lawyers may be in court all day every day, they go on vacation, etc. Your letter to them would have started on the top of the pile but may be buried by now. Many lawyer's offices are just piles of file folders stacked on the floor.

              If I were you I would have not hired a lawyer inititally and made a first contact with the lawyer's office myself, requiring access to the home and your belongings and cheques. I would have written and called them every day until I got a response. This would first of all create a paper trail documention of his theft and destruction of your property and it would drive up his costs since his lawyer would charge him every time you called.

              Anyway, it would cost you a fortune to get a lawyer to be that persistant. You need to go to the police station and file a report detailing your cheques and belongings being withheld. They probably won't want to deal with you but be persistant. You file a police report. Then consider going to a justice of the peace and filing charges against him for property theft.

              Note that a family lawyer doesn't deal with criminal law and won't advise you on the this theft, I'm suggesting the basic course you should follow here. Don't just sit on this, take as many steps as you can.

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              • #8
                Thank you!!!! like i said i am just so frustrated, the other night he callled from 2-4 am from a private number and wouldnt reply when i answered, i finally turned the phone off and in the am had 34 missed calls and a recording of "hey Joe" a Jimi hendrix song about a man who shoots his "old lady down" he really is unpredictable and its a horrible feeling to be hanging in this limbo. I did email my lawyer about that situation seeking his advice and he has not yet responded to me. (SHOCKER)....I think you are probaly right about getting the police involved, he did call the police and told them i threatened him!! the officer was very understanding but said do not contact him except through lawyers, which im sure he did as a ploy to drag this out and "punish" me for leaving. Although he told me to stay the f--- out and never come back or else, which i have a recording of, then changed the locks preventing me entering the home to retrieve mine or my sons belongings, and to my surprise this was legal, because the home is in his name! it seems i have less rights than a tenant who is being evicted! I have a decent income and every cent i made in the last 10 years went into the home, it was GREATLY improved after i moved in and we had 2 incomes, and needless to say the mortgage was paid down huge!!
                Do you think i should contact the police and tell them about the phonecalls?? i was hoping his lawyer would bring him to his senses and he would settle this knowing that criminal charges can occur if he doesnt stop this garbage.
                thank you so much for your help!!

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