eviction notice

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shessassy

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can a common law spouse make up eviction notice to get you out of the house? I have lived here for 8 years and he is trying to say that I am a renter...We have also been engaged for 5 years. How can he do this and can the police kick me out??? Please let me know??

Thanks Jo-Anne
 
Sounds like simple intimidation. Kinda unique approach...but I don't think THAT dog will hunt...it would interesting to see how he intends to 'prove' you are a renter...

Got any pictures of vactions? You guys kissing? Friends who will say you are a couple...yeah, unique approach, but not all that smart (imo)
 
it depends which name is on the title, if only his name then there will be nothing you can do unless you have children together that would be another story.
 
no I am not on the mortgage but I can prove I have been here since day one of the mortgage, I think my best bet is to get a lawyer and see what he says..i am scared I do have one child with me but it is not his. He did finally tell me that he has a new girlfriend. And has not been around the house for at least a month. He phoned me and said he wants his house back. I said if he gives me 50,000.00 I will leave. I do think this amount is fair and everyone has said so. I have had an inheritance of 50 thousand and put some into the house like having a deck built and new front doors and hot water tank..I also got a 25,000.00 accident claim where I paid off his zellers bill and bought tires for his truck.Most of this I can prove.I also have vacation pictures etc. Do I really have a leg to stand on. I know I do not have much money and if I put a lawyer on retainer on my visa could I get enough money back to pay it??I am rambling because I am so scared, Right now I do not even have a months rent and deposit so I can move..He says 50 thousand is not reasonable what do you think...Is he just trying to scare me more?

Thanks
Jo-Anne
 
Your accident claim is your money. He has no right to money from an injury.

As for the eviction, he has to apply through the Housing Tribunal (Landlord and Tenant Board home page), and it is not as easy as presenting you with a letter, he needs to have a lease and proof that you are a renter. Once he files his eviction you have a chance to respond and a court date will be set. Check out the link, you should be able to get more info there.
 
Claim to the house

Claim to the house

Although his name is on the title for the house, (basically he owns it), you have been living common law and been a contributing member to the household from day one. Not sure where the 50,000 amount came from but what you are entitled to is half the value (assets) over the 8 year period you were living there. If you are buying his tires, paying off bills, and vacationing together then it sounds like you would be sharing the household bills also.

If this is the case then you should receive half the equity in the home accumulated over the past 8 years. Value of the house now - value of the house then - mortgage owing - down payment. If that works out to $50K then so be it.

Also, stay in the house till you work something out. He wants his house back so you will have to mediate something. This sucks, he left you, but you will have to work something out and unfortunately you can't tack on extra for pain. You will need to be reasonable.
 
You do not have a leg to stand on for the house, did you make payment on the mortgage or rent and you need proof. For all the bills of the house you need proof, for evrything else keep your receipt or gather them as you need proof. Yes he can kick you out, i would offer my help as I live alone in this big house but not sure on that.
 
paying half the bill does not give you half the equity, if you have spent money on items to renovate the house get the proof, he cannot put you out without a court order
 
Did you agree to BUY the house together? I lived with my boyfriend for 8 years, in a house he bought by himself when we first dated. I paid my share of the mortgage and helped pay/renovate the basement. However, when we split up I felt like it was HIS decision to buy the house and he should profit from the increase in value, not me (and it was substantial). I would have been paying rent elsewhere and it was MY DECISION to live there. I asked for nothing, walked away, and got on with my life.
 
ok I have talked with a lawyer and have taken action to get half the equity which my lawyer says is 100k each BUT I am only going after what I think is best which is 65k I do not want to cause anything And I am hoping he will accept.I do have proof that I did pay half the morgage, I also have paid all the bills, And I furnished the whole house because he had non and I have kept reciepts on most. I even have the reciept for the hot water tank I purchased on Dec24 of last year...My lawyer says I do have a leg to stand on, But I do not want to be greedy. I just want enough to get me out of debt and buy my own house...My lawyer aslo informed me to not move...It will take him awhile to get that done(just buys me more time) I also have a government agency that can verify that he was a step dad to my kids for the past 8 years..It is all good...Thank you all for the comments I do appriciate everything you have said...Especially to take time out and help someone..I have paid my retainer now it is in there hands...Thank you all again
 
if he had the house before you marrie dyou have litte to no legal rights unless he signed something. go read the family law act matrimonia home. this is where common law does not good.
 
For the child the primary responsibility comes back to the natural father, if he is not paying enough, you will have to look at him first. If your common law makes more then and you can prove that he was a father figures then the judges may consider that. As for the house it is his, and he can get it back anytime thru the court, you have equity but do not have to live in to claim that and this he will use it. Believe me I have done the exact same thing as my ex would not move out. Make sure you do not damage anything and return it clean as this will play against you in court. Take pictures.
 
I have taken pictures and everything and do plan on keeping the house clean...As for the house ..we were dating and We decided to look for a house..He said he would like to see if he can get it on his own(which he did) He lived with me for two weeks so his parents could paint the house then WE BOTH moved in together.WE were going to put the house in my name too but he was still going through a divorce and something about a dowel that she would have so I took my money back from the lawyer..then my ex said that the house will always be half mine ..he has been saying this from day one!!!(8 Years in total) everytime we would fight he would come back and say if anything happens with us we sell the house divide it and go our seperate ways...This is why I put money into the house I honestly believe that is was half mine..I had recieved an inheritance of 50k and used it to rebuild the deck put doors in etc...then I got an accident claim of 26k and more money went into the house..I even paid off bills for him ..(these were personal ones) So this is why I think I should get something back!!! My Lawyer says the same thing BUT he said the equity would be 100k EACH and I am only asking for 60k He has offered me 10k to leave other than that I have been packing slowly and trying to come up with one month damage and rent but it is hard..especially around the holiday season and rent is so expensive here...He knows I have no money..I make 30 a year where he makes 100 a year ...this is why I am staying in the house right now...He just found his girlfriend at the end of Sept...And I confronted him about her In the middle of OCT..now on Oct 28 he asked me to leave BUT that is not enough time to get some money together so he has been staying with her while I figure things out...I am not trying to be a Btch I just have no where to go YET....
Thanks
Jo-Anne
 
The attorney general site on common law has some inforomation on this issue. He could well be in his legal rights. If he had the house before you married. married people have special rights to a home but not common law unless you bought the house together. Just posted something on this on matrimonial home and it is has common law info. I got this info emailed me from a lawyer there in Ont.
 
You also have to remember WE were engaged for the last three years too...I am in the proccess of getting my bank statments in order and only have 3 more years to find...Max22258..I have a lawyer but it is not legal aid..I have paid for a retainer and my lawyer said we will go for Constructive trust...I have most of the reciepts now....
thank you...I have a lawyer but the ex does not..he thinks I have been pulling all this stuff out of my A$$..I am bracing myself for the moment he opens the letter from my lawyer.....
Jo-Anne
 
Engaged does not mean much in court, you have to be aware that you are in a common law relationship, and the house is his, but seems that you have a great case for constructive trust. Receipt is the key, and do not engage in a game of motion over motion. That is child game, go straight to what you want, ie half the equity buildup depending how much you put on the house this could be more. The furniture that you bought is yours etc, you know what I mean. Good luck
 
well you put a motion on and an affidavit and he will do the same with an affidavit to answer yours. So the best way is to spell it all out the first time. As we had motion for a laptop imagine the lawyer fees was more then what the laptop was worth
 
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