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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 12-04-2011, 05:44 PM
SmartMum SmartMum is offline
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Default When a common law relationship goes sour

How does it end?

Living together for the past 5 years, he is living in her home, and the home is solely in her name. The arguments have been constant between them and are becoming unbearable.

She's asked him to move out, he says he won't and that he can live there as long as he wants since he has nowhere to go. He contributes very little financially or otherwise to the home (otherwise meaning household chores). So, how does she get him to move out? Does he have rights to the home? Any insight is really appreciated Thank you !!
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Old 12-04-2011, 06:51 PM
Mess Mess is offline
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The home is his residence and he has similar rights to a tenant.

If you are a landlord you can't just throw someone out even if they are not paying rent. There is a process to go through, you need a court order and have to go through the sheriff's office.

This situation would be similar if not identical. It's not really a family law situation to get him out of the house, it is more like a typical eviction.

I would suggest first calling the Law Society of Upper Canada and give the bare bones of it and ask for a referral for a free consultation. The details are on their website. Use your consultation time wisely, and have the info written out so you can refer to it when the lawyer asks questions and write down the answers.

There may be issues over spousal support but for now I would suggest you stay focused on the issue of eviction and not get side tracked. You don't say much about the situation but I would say the chances of him getting any support settlement are very low to zero.

However when you talk to a lawyer, the lawyer may waste time getting side tracked on this issue. This is why I'm bringing it up now, if you want him out of the house, stay focused on the eviction.

There is no automatic entitlement to support and he would have to prove his case. We can't comment on a possible case without details and he may just accept the eviction and go anyway.
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Old 12-05-2011, 12:51 PM
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In the meantime, she should make it as unbearable as possible for him to live there.

Kill the home phone, internet, and TV....have a cell phone for communication that she can carry with her. Buy ONLY groceries he doesn't like, OR arrange to eat elsewhere. ANY jointly held accounts should be frozen, and he should be removed from things like car insurance/etc. Don't carry cash, and leave your bank card/information in a secure location. Change ALL your passwords (ie. for internet banking) and do such things from an alternate location.

She should put a lock on her bedroom door and move ALL her personal belongings there. Anything she doesn't want to risk, should be moved to storage or to a friend's place in the interim.

Also, take pictures/video of the conditions of the home, in case he decides to become violent and break anything. She should NOT engage him, at all in any kind of argument. If he tries, simply go to your room and lock the door. Get a personal voice recorder and wear it at all times inside the house. This prevents any he said she said crap. If he should become threatening or loud, rather than engage him, simply go to her room, lock the door and phone the police. The PVR will help with that.
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