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Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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Old 02-09-2012, 10:31 PM
shlaba shlaba is offline
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..Well if anyones been following my progress i've seen a family lawyer, found out i'm entitled to alot more than was on paper...but mainly the lawyer told me i could but i wondering about details...her 19yr old son wants to get involved constantly...and i tired of taking it up the ass all the time so does anyone know how i properly can evict him??...i have proof of drug use in the house but have yet to contact the police...the lawyer said its not the nicest thing to do but i can bring police in, would rather not i just want him out!!...any way to do this without police??...he's 19 has a job and a car..
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Old 02-10-2012, 07:32 AM
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the cops will not do anything as your ex wants him there. Not even sure if you can evict him. Is there a rental agreement with him?? To evict him he has to be a tenant and he would be covered under the landlord and tenant act.

You want him out then try using the drug thing but be prepared for denfending yourself on it and your ex going ballistic. Plus if you are trying to evict him under the landlord tenant act it is not that easy. You cant just say to him, pack your stuff up i want you out now. There is a process you have to follow and will take time. Not sure if you can do it without your exs consent anyways.

The fact he is 19 and has a job and car has no bearing on it.
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Old 02-10-2012, 07:44 AM
shlaba shlaba is offline
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he supposidly pays room and board but i've never seen any $$..there is no rental agreement he was to move back till he got on his feet, that was over a yr ago...so the only option that i have is the police for the drug thing...i'm quickly discovering that as the guy its quite difficult to get anything, for the situation i'm in i seem to be taking it left right and center with no end in sight..not fun
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Old 02-10-2012, 07:53 AM
standing on the sidelines standing on the sidelines is offline
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Quote:
Originally Posted by shlaba View Post
he supposidly pays room and board but i've never seen any $$..there is no rental agreement he was to move back till he got on his feet, that was over a yr ago...so the only option that i have is the police for the drug thing...i'm quickly discovering that as the guy its quite difficult to get anything, for the situation i'm in i seem to be taking it left right and center with no end in sight..not fun
keep gender out of it. I ran into the same problem with an ex but he was bringing other woman into the rental house we had so it isnt just because you are a guy, its the way the system is.
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Old 02-10-2012, 11:36 AM
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The police won't eveict him, they can't - even over the drug thing. The most they would do is arrest him on drug charges and he may spent a day or two in jail and then be right back at home. Given that the house is in her name, she's entitled to have anyonen she wants there, paying or not and I really don't believe there's anything you can do about it.
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Old 02-10-2012, 01:13 PM
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Shalaba,
Sorry to "muddy the waters":

You're in a common law relationship with no kids of your own? I'm not even sure if this is covered under family law at all or did the rules change when I was not looking. Make sure about this first. Maybe the real estate lawyer is the one to use...

Otherwise:
When the house does get sold or you get paid out. You should claim all carrying costs and charge them both for rent. I.e. when it is all worked out in equalization. The Value of the house when you split minus the value of the house when you moved it. Then you will have to argue that your reovation increased the value X$, Also it too X amount of time and X amount of money to hold the house before it sold. Who paid what along with rental costs. I don't think this house would be considered the matrimonial home.
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Old 02-10-2012, 01:34 PM
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well the only reason i wanted him out is due to constant interference and i refuse to go to jail over a lie..happens way to many times...it would appear that shes going to lawyer up cause a law firm called and left a msg on the home phone..ad ive said time and again i just want to move on with my life, its too bad that this has been dragged out for so long that there is hate now..but i guess my most important question is how hard is it to get legal aid??..i work sparodically due to illness and my income is extremely limited and any lawyer i spoke to is asking $275/hr cheapest...no way i can afford any of that and sorry for the gender thing but ive been bitten hard by the fact that im a guy from the police so leaves a bit of a sour note..pls any suggestions about lawyer situation asap would b appreciated..FYI, Barrie area if that matters
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Old 02-10-2012, 02:34 PM
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Go to the local family court house and see someone in the F.L.I.C (Family Law Information Centre?) office. They will be able to tell if you qualify for Legal aid etc. They are usually open 8am -4pm and it's free.
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Old 02-10-2012, 03:32 PM
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Your options are;
1) Ultimatum. He goes, or I go.
2) Follow through with the above, whatever shape it takes.
*NOTE*
the above are not really conducive to building a positive relationship with his Mother (I assume you are male-heterosexual).
3) Deal with it.
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Old 02-10-2012, 03:46 PM
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Quote:
...gender thing but ive been bitten hard by the fact that im a guy from the police so leaves a bit of a sour note..
Believe me, its not gender oriented. I was pretty much forced to live in my matrimonial home for a year and a half. Thousands of separated Canadian couples are forced to suffer through such situations to avoid losing their homes or their children. I know how tough it is...I was there for a long time and I'm female.

The problem is that its her kid and her house. Just like you can have whoever you want over the house and there's pretty much nothing she can do about it.

I told you...you need to segregate yourself in the house and avoid them at all costs. Appoint your room with a lock and every manner of comfort you can. When you get home, beeline for your room and lock the door. You might think i'm being extreme but you need to get into this habit. Keep your door locked....keep a tape recorder or video camera nearby...and never engage them. Stay in your own area of the house.

I actually had a bar fridge in my ensuite bathroom so that I could limit my time in the kitchen when at my matrimonial home. In a year and a half, I probably spoke two verbal sentences to him and that was through my bedroom door. Otherwise, everything was by email. If she doesn't have it...write notes that you make copies of or leave voice messages that you record.

Whatever you do...stay away from her kid. Don't even bring him up. Its almost like being under house arrest. Find somewhere you can spend some time to de-stress and basically see if you can just go home to sleep. All you're doing at this point is protecting your assets...nothing more...be careful.
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