Separated from common Law and moved out

[micmon]

My common Law spouse packed up and moved out in March while I was away working for a month. We have 2 children. I knew she was going as she was looking for an apartment for months. We had been together for 14 years and bought the house together. However I make all the mortgage payments as well as the utilities. Because I work away from home for weeks at a time I changed the locks on the doors. I got a phone call from her furious that I had done this as there was something that she wanted to get out of the house. She told me that I had no right changing the locks and that since her name was on the mortgage and the deed she could come and go as she pleases. She even tried to get in through a bedroom window that I had reinforced with extra security. She has been gone for 3 months and has changed her address. Does she have any claim on the house, can she come and go as she please?

Getting frustrated
micmon

[logicalvelocity]

micmon,

If her name is on the mortgage and title to the property she has a right to attend the property anytime she pleases. She is a co-owner. However you may have a fear that the other party may take some of your possessions while your not home. ie: your estranged with one another. I think this stance of changing the locks are somewhat justified. Inform the other party you have no problems of her attending the home, but you prefer to be in attendance.

I would definitely settle the matter and either sell the property, or buy the other party out. Have the property professionally appraised immediately. The other party is gaining a 50% equity every time you make a mortgage payment.

Is the other party making a contribution to the property taxes and insurance of the property.

Best to do it as soon as possible. People have a tendency to change their mind over time.

lv

[micmon]

No she is not and has not. The unfortunate thing is when our mortgage came up for renewal she got enough to pay off a line of credit we had to purchase a car that she drives and is in her name, as well as her 2 maxed out credit cards in her name only. Because of this our mortgage was doubled. She claims that we have been separated since August because that is when she started thinking about leaving. Our Mortage renewal was in Oct and she only left in March. Doesn't figure out to me.

micmon

[logicalvelocity]

micmon,

It appears that she has been unjustly enriched at the expense of the mortgage that you carry. Be sure to subtract those amounts for equalization. Moreover, the bank should have payout documents and traceability in the bank file for the proceeds at time of mortgage renewal. It would be worthwhile to get a copy of all these records as I suspect you will need them when negotiating the division of equity left in the home.

lv

[idkCL]

Threats Started

wrong posting