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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 03-14-2006, 09:04 AM
viglnt viglnt is offline
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Hi, I am in the middle of a separation. We've been together about a year. I've been told it is not yet common law. We are living in my home now.
What are her rights in regards to having to move out?
Do I have to give formal written notice, like a landlord and tenant?
I don't expect her to be gone in a week, but I also don't want it to drag on too long.

Any responses are welcome,
Thank you in advance for your opinions.
Old 03-14-2006, 10:50 AM
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Lindsay Lindsay is offline
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Hi viglnt,

You are only considered common law in Ontario when you and your girlfriend have lived together in a continuous relationship of some permanence for three years (assuming there are no children of the relationship).

I'm assuming that your girlfriend is not on the deed. If this is true, she has no right to the home whatsoever and can be locked out at any time. Even if you and your girlfriend were already common law and she was not on the deed, you could stop her from entering. This, however, is obviously a pretty harsh way of dealing with the matter.

There are no rules on her vacating the home. The best way to deal with the issue is to sit down discuss it, if possible. Sixty days seems like a fair amount of time for her to find new accommodations. If you are concerned about her dragging things along, perhaps if she is made aware of the fact that you have the right to stop her from entering the home at any time, she will put up less of a fuss and get on with finding a new place to live.

I hope things work out.. keep us updated.

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