Urgent--do I have any rights making him leave?

[Sylvia P]

My common law spouse and I are separating. Initially he told me he would be moving out as of June 1st and asked if I would allow his son (who has been living with us) to stay until his school year has ended. I said that I would have to think about it. Now he is saying that I agreed to allow both of them to stay until the school year has ended, that I can't remember what I said. We have been living together for 6 years. The home is solely in my name. I have been living in this house for 11 years total. Do I have the right to tell them to leave June 1st regardless of what he is now claiming? He is threatening that now he's going to play hardball. What can he do in this situation?

 

[logicalvelocity]

SylviaP,

Even though the home is in your name solely, the home was a matrimonial home during the course of your relationship. It is quite possible that you may have a future claim against you for unjust enrichment depending on the facts of your circumstance.

Jeff has a very useful and informative website that can be here. This website will answer many of your questions.

http://www.common-law-separation-canada.com/matrimonial-home.htm
From Jeff's Site


"Possession of the matrimonial home after separation"

""Possession of the matrimonial home means the right to stay in the matrimonial home, regardless of ownership. In Ontario, upon a marriage ending, both parties have the automatic right to say in the matrimonial home, even if it is not in their name. You have no such right in a common law relationship - if your name is not on the home, you could simply come home one day and find yourself locked out. Although theoretically when you separate you can ask the court for possession as part of spousal support, such requests are rarely successful.""

I might add that if you acted as a parent to your spouse's child you may be obligated and liable to provide child support for this child.

LV