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Court order for removal of spouse(?)

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  • Court order for removal of spouse(?)

    My common-law partner and I are separating. We've been together 9 yrs. I own a house of which everything is in my name and he does not contribute, because he is too busy paying off his own bills.

    We had agreed on an amount upon separation. I want him out within a month. He is saying he needs to save up some money and I suspect he is just trying to drag this on for his own benefit.

    Can I legally change the locks on the house if I say I want him out by a certain date and he does not comply? What about a court order would I have to get one to get him removed from my house?

  • #2
    Changing the locks is not in your best interests.
    In fact it may come back to bite you on the butt.
    I can understand your desire to have him out, mainly to move on with your life.
    Take the issue to court and seek an order to have him leave by a certain date.

    A 9 year relationship is nothing to sneeze at and despite the lack of financial contributions, until a judge has ruled he is not entitled, he may have a stake in the house.

    If you can show that he did not make any contribution to the acquisition of the property and that he did not make any significant contribution to its preservation, maintenance or improvement, then an order to have him vacate would be relatively uncomplicated. Not to mention is would alleviate any subsequent possibility that he may make requests for any other asset splitting based on unjust enrichment.

    Just my 2 cents
    FL

    Comment


    • #3
      BugsRUs

      As far as I understand & I was through this, you must make
      a claim for "exclusive possession" at a Case Conference.

      There are several different scenarios in which you can make claim to this..but the most recognized by the court is "in interest of the children" or "violent
      behaviour or violence" by one spouse towards the other. You must present evidence for your claim and if so, the one party has 28 or days to leave.

      I totally agree with FL, if you chnage lock etc. it may well come back &
      bite you. You must remain level headed.

      Comment

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