Can a common-law partner kick me out the house.

D

Dals74

New member
Hi, I have been living with my common-law partner for 3 years in home that i have owned for 5 yrs prior to her moving in. I signed her onto the title after she moved in and we have both our names on the house for the last 3 yrs. In total i have been on the title for 8 yrs and her 3 yrs. We have a 3 yr old child together and she has a 14 yr old child from a previous marriage that stays half time in the house and then with her dad half time. My question is, can she have me kicked out of the house? Can she take the house from me and not let me see my child? I am not an alcoholic, drug user, abuser nor have criminal charges. I am a decent working man who has a 12 yr old child from a previous marriage as well, who lives part time with me as too.

I found out today that she has been seeing a lawyer and the lawyer is stating that she has a good chance of getting my house and having me removed. I don't know what she has said about me to the lawyer but what ever it is cannot be good. I don't know how all this stuff works and am battling to come up with funds to pay for a lawyer so any advice would help me greatly. I'm living in Alberta and i know that laws are different in the provinces.

Thank you
 
Unfortunately, because you put her on the title, you are now both owners of the house. It doesn't matter who owned it first. When her name got on title, you gave her half your house, and you both now have equal right to be there. And yes, there are dirty tricks she could pull to get you out of the house. For example, she could engineer a domestic incident and then say she's afraid for her safety and get a restraining order against you, preventing you from being in the home or anywhere near her. Because that causes problems for communication and child exchanges, it would make it hard to access the child you share.

Since it sounds like she has the funds for a lawyer and you do not (get a lawyer ASAP! Talk to them first as many offer free intro sessions to determine compatibility), then it may follow that she can afford to stay in the house while you cannot.

Figuring out how this stuff works is your main priority in life right now. Figure out your finances, separate them, talk to your ex about child access arrangements and who should keep the house or if you should sell it, etc.

Carry a VAR (voice activated recorder) whenever you are near her, so you have some protection if she starts arguments to try and provoke you to get her domestic incident.
 
Thank you all for the info. I have been very calm around her and actually do not not talk to her at all unless it has to do with my child like picking her up from daycare etc. If she by some chance pulls the stunt by trying to get me out even if we have not had any incidents nor the police coming around can she still get a protection order?
If she somehow manages to pull it off and gets me removed, can i still demand her to buy me out of the house or can i demand the house to be sold and the profits split 50/50?
Can she use the children against me in order to keep the house?
Should i go down to the courthouse and file for exclusive possession of the house before she has a chance to do so?
Should i also file for 50/50 custody of my child?
 
Get a lawyer! She can pull any kind of stunt and youre posting and waiting for answers. Go and speak with a lawyer who will help you do all the paperwork necessary and give you advice.
 
Prepare for war my friend.
I would move to other bedroom with a lock on it.

Why did you put her on the title, are you stupid?
She has been divorced before she just used you to get half your equity.
I cant believe you have already been divorced and are gonna get screwed again....

Nice hardworking man? That's chump in today's society - hardworking to provide for your ex-wife.... is what it means while she bangs the drug addict and alcoholic.

Let me guess she makes way less money than you too right? I hope 3 years of sex was worth 200,000$

File for 50/50 custody of your child. Non-negotiable.
 
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He was lured by that "one thing men think about all the time" :D I guess it was a case of lightening will never strike twice.

Sounds like someone is on a quest to build up a nice nest. On to the next fool I guess

Links17 said:
Prepare for war my friend.
I would move to other bedroom with a lock on it.

Why did you put her on the title, are you stupid?
She has been divorced before she just used you to get half your equity.
I cant believe you have already been divorced and are gonna get screwed again....

Nice hardworking man? That's chump in today's society - hardworking to provide for your ex-wife.... is what it means while she bangs the drug addict and alcoholic.

Let me guess she makes way less money than you too right? I hope 3 years of sex was worth 200,000$

File for 50/50 custody of your child. Non-negotiable.
Click to expand...
 
My question is, can she have me kicked out of the house? Can she take the house from me and not let me see my child?
Click to expand...

Does she have a right of possession of the home? No.

Does she also have a right to stay in the home? Yes.

Can the police become involved and tell one party to leave (or be arrested on charges of DV)? Yes. In which case, that party will be gone and will stay gone.
 
Links17 said:
Prepare for war my friend.
I would move to other bedroom with a lock on it.

Why did you put her on the title, are you stupid?
She has been divorced before she just used you to get half your equity.
I cant believe you have already been divorced and are gonna get screwed again....

Nice hardworking man? That's chump in today's society - hardworking to provide for your ex-wife.... is what it means while she bangs the drug addict and alcoholic.

Let me guess she makes way less money than you too right? I hope 3 years of sex was worth 200,000$

File for 50/50 custody of your child. Non-negotiable.
Click to expand...

Jump to conclusions much? Why do you think that any of the above is true? You've got two people at the beginning stages of a separation with a child and a house to think about, not surprisingly tensions are high. We've all been there (although some of us have moved on).

Your last sentence contains useful advice, the rest of this is just indulging in a fantasy in which women who get divorced are all gold-digging nymphomaniacs who are out to steal men's money. I don't see any of the regular female posters going off on similar man-bashing rants. I also don't see anyone else who is quite so fixated on banging alcoholics and drug addicts.
 
I could be wrong but I'm read too much case law, too many people passing by here and too many real life situations.
 
Links17 said:
I could be wrong but I'm read too much case law, too many people passing by here and too many real life situations.
Click to expand...

... involving "bang[ing] drug addicts and alcoholics"? Maybe I've led a sheltered life, but I must say that describes very few divorced people I know.
 
I say no to drugs and a person that drinks except during social functions, is never on my radar

stripes said:
... involving "bang[ing] drug addicts and alcoholics"? Maybe I've led a sheltered life, but I must say that describes very few divorced people I know.
Click to expand...
 
If i she agrees to buy me out of the house, and i have been paying for 8 yrs and she has paid for 3 yrs, can i ask her to pay half of what i have paid in the 8 yrs? I'm just trying to figure out how the buy out is calculated and i don't want to walk away with only getting a small amount since i have put a lot in.
 
Dals74 said:
If i she agrees to buy me out of the house, and i have been paying for 8 yrs and she has paid for 3 yrs, can i ask her to pay half of what i have paid in the 8 yrs? I'm just trying to figure out how the buy out is calculated and i don't want to walk away with only getting a small amount since i have put a lot in.
Click to expand...

Unfortunately, since she's on title and you are on title, the house is shared 50-50, no matter who put in what. Unless you have documentation you both signed when you put her on title saying she has a different % share than an equal one?

It may actually be worse than you think. Did her name also get put on the mortgage, or do you remain solely responsible for that?
 
Because you are common law and not married, there is a chance that she would not be entitled to 50% of the value of the house.

By default she is entitled to half because you put her on the title. But you can argue one of the common law defenses (constructive trust, unjust enrichment, etc) in which case you can claim she should only be entitled to what she put into the home... which may be minimal if she wasn't working.

To argue this requires going to court.
 
OrleansLawyer said:
Does she have a right of possession of the home? No.

Does she also have a right to stay in the home? Yes.

Can the police become involved and tell one party to leave (or be arrested on charges of DV)? Yes. In which case, that party will be gone and will stay gone.
Click to expand...

Wise advice / comment. To avoid the situation of "staying gone" I would recommend you not only retain a family lawyer but, a criminal lawyer as well who has 24x7 access. There are many criminal lawyers that you can get on retainer that will answer a phone call at any time of the day. You want one like that. One you can get on speaker phone to advise you in real time should the police show up and one who can show up at the station should you get arrested.

As well, when you do have a family lawyer retained send a letter to the other party in the matter that identifies this lawyer and that tactics such as false allegations will not be tolerated. As well, advise them of your criminal lawyer who is on file. Generally, this signals to the other lawyer to not play games. As well, when you go in court to say they are playing games just present the letter up front as evidence to your position.

Good Luck!
Tayken
 
I have been served to appear in court i got served yesterday 14 November 2016 and have to be in court next Wednesday 23 November 2016. My ex has lied and made me out to be a monster.She has taken my child from me about 3 weeks ago and has only given me supervised visits when she felt like it.She is enforcing that i sell the house that we jointly own, i cannot afford to buy her out. I have been paying the mortgage on my own since she moved out. I cant afford a lawyer and dont know what to do. PLEASE HELP she is trying to ruin my life. Im a decent hard working guy who loves his child.
 
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