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Can a common-law partner kick me out the house.

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  • #16
    Originally posted by Dals74 View Post
    If i she agrees to buy me out of the house, and i have been paying for 8 yrs and she has paid for 3 yrs, can i ask her to pay half of what i have paid in the 8 yrs? I'm just trying to figure out how the buy out is calculated and i don't want to walk away with only getting a small amount since i have put a lot in.
    Unfortunately, since she's on title and you are on title, the house is shared 50-50, no matter who put in what. Unless you have documentation you both signed when you put her on title saying she has a different % share than an equal one?

    It may actually be worse than you think. Did her name also get put on the mortgage, or do you remain solely responsible for that?


    • #17
      Her name is on the mortgage too.


      • #18
        Because you are common law and not married, there is a chance that she would not be entitled to 50% of the value of the house.

        By default she is entitled to half because you put her on the title. But you can argue one of the common law defenses (constructive trust, unjust enrichment, etc) in which case you can claim she should only be entitled to what she put into the home... which may be minimal if she wasn't working.

        To argue this requires going to court.


        • #19
          Originally posted by OrleansLawyer View Post
          Does she have a right of possession of the home? No.

          Does she also have a right to stay in the home? Yes.

          Can the police become involved and tell one party to leave (or be arrested on charges of DV)? Yes. In which case, that party will be gone and will stay gone.
          Wise advice / comment. To avoid the situation of "staying gone" I would recommend you not only retain a family lawyer but, a criminal lawyer as well who has 24x7 access. There are many criminal lawyers that you can get on retainer that will answer a phone call at any time of the day. You want one like that. One you can get on speaker phone to advise you in real time should the police show up and one who can show up at the station should you get arrested.

          As well, when you do have a family lawyer retained send a letter to the other party in the matter that identifies this lawyer and that tactics such as false allegations will not be tolerated. As well, advise them of your criminal lawyer who is on file. Generally, this signals to the other lawyer to not play games. As well, when you go in court to say they are playing games just present the letter up front as evidence to your position.

          Good Luck!


          • #20
            I have been served to appear in court i got served yesterday 14 November 2016 and have to be in court next Wednesday 23 November 2016. My ex has lied and made me out to be a monster.She has taken my child from me about 3 weeks ago and has only given me supervised visits when she felt like it.She is enforcing that i sell the house that we jointly own, i cannot afford to buy her out. I have been paying the mortgage on my own since she moved out. I cant afford a lawyer and dont know what to do. PLEASE HELP she is trying to ruin my life. Im a decent hard working guy who loves his child.


            • #21
              I have some good news Dal. Your ex actually made a horrible mistake. She had the kids, and she was effectively denying you access. You are overwhelmed and would have let her take the kids. In a month or so she would have established a status quo and that would be it, you would have irretrievably lost.

              Now however, you have been served which has driven you to this forum. Ask a lot of questions, learn what you can do. Three weeks is not a huge amount of time, status quo has not been set, you can still fight this.

              If she had just let things slide a bit longer she would have won by default. Now you might have a fighting chance.


              • #22
                I have the similar question related to this ( I was not sure how to start a new post), my boyfriend moved in and started living in the house I own 6 years ago, had a kid with him 2 years later and our relation deteriorated the following year due to his abusive conducts and his new relationship with other women.

                We have been living under the same roof under horrific conditions of frequent fights involving police for past three years, we have nothing shared financially and socially ( we do not eat / go out together, even cerebrate the kids birthday separately, no communication) However,he had been contributing from $100-700 a month at least but he stopped it suddenly last fall and I am not receiving anything from him now.

                It is my understanding that since we are common-low, he is not entitled to the half of property but could claim for constructive entitlement but I am seaking a quick way to have a physical distance with him.

                Would it be good idea to move out with my children ( one with him and the other with the previous marriage) to avoid conflicts? Or can I sell the house and move to another? Can I kick him out and stay at current home? I am the sole onwer of the house.

                One lawyer told me that since I am the sole owner and it is common-law, I can write an eviction note but I might be punished for that later at the family court if he is not capable financially. He is self-employed contractor but I had no idea what his income is since he never filed tax last 10 years.

                Thanks for your advice.


                • #23
                  I was not sure how to start a new post
                  Above the list of threads, there is an orange coloured button with "New Topic" on it.


                  • #24
                    Thank you. I posted mine at a separate thread.

                    I believe Dals 74 can keep all the equity & added value of the house he had before his ex name was added in deed ( unlike married couple). You can get it appraised the value of the house on that day and use it as an evidence.

                    Note you can also demand her occupational rent if you move out from the property if you are paying the mortgage/expense.

                    Good luck,


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