..Well if anyones been following my progress i've seen a family lawyer, found out i'm entitled to alot more than was on paper...but mainly the lawyer told me i could but i wondering about details...her 19yr old son wants to get involved constantly...and i tired of taking it up the ass all the time so does anyone know how i properly can evict him??...i have proof of drug use in the house but have yet to contact the police...the lawyer said its not the nicest thing to do but i can bring police in, would rather not i just want him out!!...any way to do this without police??...he's 19 has a job and a car..
continued!!
- Thread starter shlaba
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standing on the sidelines
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the cops will not do anything as your ex wants him there. Not even sure if you can evict him. Is there a rental agreement with him?? To evict him he has to be a tenant and he would be covered under the landlord and tenant act.
You want him out then try using the drug thing but be prepared for denfending yourself on it and your ex going ballistic. Plus if you are trying to evict him under the landlord tenant act it is not that easy. You cant just say to him, pack your stuff up i want you out now. There is a process you have to follow and will take time. Not sure if you can do it without your exs consent anyways.
The fact he is 19 and has a job and car has no bearing on it.
You want him out then try using the drug thing but be prepared for denfending yourself on it and your ex going ballistic. Plus if you are trying to evict him under the landlord tenant act it is not that easy. You cant just say to him, pack your stuff up i want you out now. There is a process you have to follow and will take time. Not sure if you can do it without your exs consent anyways.
The fact he is 19 and has a job and car has no bearing on it.
he supposidly pays room and board but i've never seen any $$..there is no rental agreement he was to move back till he got on his feet, that was over a yr ago...so the only option that i have is the police for the drug thing...i'm quickly discovering that as the guy its quite difficult to get anything, for the situation i'm in i seem to be taking it left right and center with no end in sight..not fun
standing on the sidelines
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keep gender out of it. I ran into the same problem with an ex but he was bringing other woman into the rental house we had so it isnt just because you are a guy, its the way the system is.
blinkandimgone
Moderator
The police won't eveict him, they can't - even over the drug thing. The most they would do is arrest him on drug charges and he may spent a day or two in jail and then be right back at home. Given that the house is in her name, she's entitled to have anyonen she wants there, paying or not and I really don't believe there's anything you can do about it.
Shalaba,
Sorry to "muddy the waters":
You're in a common law relationship with no kids of your own? I'm not even sure if this is covered under family law at all or did the rules change when I was not looking. Make sure about this first. Maybe the real estate lawyer is the one to use...
Otherwise:
When the house does get sold or you get paid out. You should claim all carrying costs and charge them both for rent. I.e. when it is all worked out in equalization. The Value of the house when you split minus the value of the house when you moved it. Then you will have to argue that your reovation increased the value X$, Also it too X amount of time and X amount of money to hold the house before it sold. Who paid what along with rental costs. I don't think this house would be considered the matrimonial home.
Sorry to "muddy the waters":
You're in a common law relationship with no kids of your own? I'm not even sure if this is covered under family law at all or did the rules change when I was not looking. Make sure about this first. Maybe the real estate lawyer is the one to use...
Otherwise:
When the house does get sold or you get paid out. You should claim all carrying costs and charge them both for rent. I.e. when it is all worked out in equalization. The Value of the house when you split minus the value of the house when you moved it. Then you will have to argue that your reovation increased the value X$, Also it too X amount of time and X amount of money to hold the house before it sold. Who paid what along with rental costs. I don't think this house would be considered the matrimonial home.
well the only reason i wanted him out is due to constant interference and i refuse to go to jail over a lie..happens way to many times...it would appear that shes going to lawyer up cause a law firm called and left a msg on the home phone..ad ive said time and again i just want to move on with my life, its too bad that this has been dragged out for so long that there is hate now..but i guess my most important question is how hard is it to get legal aid??..i work sparodically due to illness and my income is extremely limited and any lawyer i spoke to is asking $275/hr cheapest...no way i can afford any of that and sorry for the gender thing but ive been bitten hard by the fact that im a guy from the police so leaves a bit of a sour note..pls any suggestions about lawyer situation asap would b appreciated..FYI, Barrie area if that matters
wretchedotis
New member
Your options are;
1) Ultimatum. He goes, or I go.
2) Follow through with the above, whatever shape it takes.
*NOTE*
the above are not really conducive to building a positive relationship with his Mother (I assume you are male-heterosexual).
3) Deal with it.
1) Ultimatum. He goes, or I go.
2) Follow through with the above, whatever shape it takes.
*NOTE*
the above are not really conducive to building a positive relationship with his Mother (I assume you are male-heterosexual).
3) Deal with it.
Pursuinghappiness
New member
Believe me, its not gender oriented. I was pretty much forced to live in my matrimonial home for a year and a half. Thousands of separated Canadian couples are forced to suffer through such situations to avoid losing their homes or their children. I know how tough it is...I was there for a long time and I'm female.
The problem is that its her kid and her house. Just like you can have whoever you want over the house and there's pretty much nothing she can do about it.
I told you...you need to segregate yourself in the house and avoid them at all costs. Appoint your room with a lock and every manner of comfort you can. When you get home, beeline for your room and lock the door. You might think i'm being extreme but you need to get into this habit. Keep your door locked....keep a tape recorder or video camera nearby...and never engage them. Stay in your own area of the house.
I actually had a bar fridge in my ensuite bathroom so that I could limit my time in the kitchen when at my matrimonial home. In a year and a half, I probably spoke two verbal sentences to him and that was through my bedroom door. Otherwise, everything was by email. If she doesn't have it...write notes that you make copies of or leave voice messages that you record.
Whatever you do...stay away from her kid. Don't even bring him up. Its almost like being under house arrest. Find somewhere you can spend some time to de-stress and basically see if you can just go home to sleep. All you're doing at this point is protecting your assets...nothing more...be careful.
i tried the lock on the door thing...the door got kicked in
i keep to myself as much as possible and only do stuff alone(without them)
i will beg or borrow to purchase a voice recorder
thanks for the advice its invaluable!! and i appreciate it so much and your right it is like house arrest
i keep to myself as much as possible and only do stuff alone(without them)
i will beg or borrow to purchase a voice recorder
thanks for the advice its invaluable!! and i appreciate it so much and your right it is like house arrest
Solution? Call the police. They are not permitted to do such things. Put another lock on the door. Should it be damaged or the door kicked in, call the police. Should they do it when you are in there, DEFINITELY call the police.
standing on the sidelines
New member
my lawyer told me that a lock on the bedroom door really didnt mean my ex still could not enter my room. Would the police actually get involved or would they just tell the poster to move out??
Pursuinghappiness
New member
The police can't tell him to move out of his own house and while there's nothing he can do if she and/or her son kick the door in while he's out of the house (I would take pics of that though)...if he's in the the house and they start doing it, he should be on the phone calling 911. He should turn on a video camera and tape recorder....tell them to please stop and then inform them that he feels threatened and that he's calling the police. Hold the phone up during the call for the noise...tell the police what's going on.
He has a right to be in a secure location away from them while in his own home. No judge is going to expect two separated people living together to not be maintaining separate space inside the house...in fact, they'd recommend it.
...sorry buts thats where the problem was..i DID call the police they showed up with the door hanging off the hinges, LITERALLY..she gave them some story and was told i would b arrested cause i have a previous assault charge,,the end result was they left and said if they had to come back then both of us would be in jail...is it time to cut my loses??, i seem to b able to not do anything to protect myself or being here..between mouting medical issues, the inability to barely be able to pay my part of the bills..its like im damned, also to b seperate and secure in the home i wanted to move into the 2nd largest bedroom but i not allowed because its unfair to her son, i can at least exsist in that room on my own, anyways thanks for the continued help and support
standing on the sidelines
New member
your best bet is to move out. It is escalating and with your previous assault charge you are playing with fire. The police may arrest both of you but maybe only charge you.
Look at it this way, what are your losses going to be (you can still fight in court and not be in the house) and how much is you peace of mind and safety worth to you?
Look at it this way, what are your losses going to be (you can still fight in court and not be in the house) and how much is you peace of mind and safety worth to you?
if i do move out can i take everything ive bought??..even if for house?..i have asked her for half of cost of purchases but she refuses also if i move out can i stop paying bills??...family lawyer told me i can leave and still hold interest in the house but she can lock me out and nothing i can do about it...tired of this and more than happy to move..already found somewhere to stay for a bit but if i get locked out then shouldnt i take EVERYTHING i purchased and b able to stop paying bills??...pls help on this one cause i at my breaking point mentally..just cant deal with this anymore, monday im in the hospital in toronto for the entire day dealing with tests..thats enough to worry about!!..pls give me some advice/opinions
standing on the sidelines
New member
you can take all your personal effects. Yes if you are living common law she can just lock you out with no problem. You can stop paying bills once you move out as it is not your responsibility. Just rememeber that once you stop paying mortgage any rise in equity after that you are not able to share in (if you have a case to begin with)
What types of things are you talking about when you say things for the house??
What types of things are you talking about when you say things for the house??
brand new washer/dryer on my credit..a electric fireplace..other odds and ends i purchased...btw when i went to c family lawyer earlier this week she said since i been on mortgage for almost 2yrs i should b entitled to 50% plus with medical issues i could go for spousal support and some of the joint debt she should pay more of than agreed..and the referance to equity, would it b a good idea to have an appraisal done if and when i was to leave??...but again i cannot stress the fact that i just want the house sold so i can move on!!!!
standing on the sidelines
New member
you were common law right?? You lawyer said you "Should" not would. Two very different outcomes.
As for the washer and dryer if you can prove that you paid for it by yourself and it is not part of the joint debt you want her to pay then i would take it. But if you want that credit card to be considered part of the joint debt then you cant have your cake and eat it to.
Some lawyers want to keep the fight going. Are your medical issues going to prevent you from earning a living?? If not then be a man and do not go for SS and you each pay 50% of the debt. As for the house, did you guys buy it together or was it her house first? If it was hers first and you moved in then the valuation should be for only the amount the house went up since you moved in (assuming common law).
As for the washer and dryer if you can prove that you paid for it by yourself and it is not part of the joint debt you want her to pay then i would take it. But if you want that credit card to be considered part of the joint debt then you cant have your cake and eat it to.
Some lawyers want to keep the fight going. Are your medical issues going to prevent you from earning a living?? If not then be a man and do not go for SS and you each pay 50% of the debt. As for the house, did you guys buy it together or was it her house first? If it was hers first and you moved in then the valuation should be for only the amount the house went up since you moved in (assuming common law).
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