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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 09-28-2010, 09:22 AM
Scotian Scotian is offline
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Default Common-law ex won't leave

I'm in Nova Scotia and bought a house about 3 and a half years ago. My girlfriend moved in about 1 and a half years ago. Things were not going as I had hoped, so about 6 months I asked her to start looking for another place and move out.

Twice now she told me she had a place lined up but she's still here. It's been more than three months now since she's helped me out with any bills. Looks like she wants to play hardball and I don't know what to do - I just want her to go without costing me a pile of money. She has two kids and I have 1 daughter living in the house.

What can I do?
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Old 09-28-2010, 09:44 AM
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Are you still having a relationship? Same Bed and all? Or is it like room mates?

If it is like a room mate thing, you could serve her notice of eviction.

Is she on a lease or any other documents as a responsible partner?
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Old 09-28-2010, 10:21 AM
Scotian Scotian is offline
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Thanks for responding.

There is no relationship anymore even though it appears she is trying to portray there is. We still share the bed for a couple or reasons, but mainly because of my back I can't sleep anywhere else. I try to stay up til she's asleep. Probably not wise I know.

There is no lease or any other documents. I just laid down a pile of money fixing up the house (none from her) which is why I'm in such a financial hole right now. I get the impression she now feels she is entitled to the house or something.
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Old 09-28-2010, 10:29 AM
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After two years she can make claims for support etc so you should take care of this now before it goes any further. You really do need to seperate your lives and finances and stop living together as a couple. If you can't sleep elsewhere, she certainly can. Move her things to another room and put a lock on your bedroom door.

Without any financial contribution she has very little claim to anything on the house. If she' not paying anything towards rent etc then she's not even considered a tenant. Tell her to leave, give her a deadline to get out and then if she misses it, move her things out to the garage and let her know to come and pick them up.

She has no entitlement to be there, you're not even considered common law until 2 years.

Last edited by blinkandimgone; 09-28-2010 at 10:31 AM. Reason: the voices told me to...
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Old 09-28-2010, 10:59 AM
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Quote:
Originally Posted by blinkandimgone View Post
She has no entitlement to be there, you're not even considered common law until 2 years.
In Ontario common law isn't until after 3 years, but for income tax purposes it is 1 year. I don't know exactly for NB.

Also, move rooms. Do not share a bed. Separate yourself from her in every way.

I would have a lawyer write her a letter and evict her. She is at this point a tenant and is not entitled to anything outside of landlord and tenant standards.
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Old 09-28-2010, 11:05 AM
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You may also wish to call the office of the rentalsman and see if there is a way you can serve her a notice to evict through proper channels.
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Old 09-28-2010, 11:22 AM
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http://www.common-law-separation-canada.com/novascotia.htm

Quote:

Nova Scotia Common Law Property Division

For common law couples in Nova Scotia, the property division apply.

You must live together for 2 years to be considered common law spouses.

Once you've lived together for 2 years, you have the right to receive or obligation to pay spousal support....


If she's not contributing anything financially and the two are no longer in a relationship which ended 6 months ago then wouldn't that technically make her just a houseguest or a squatter?
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