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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 96464
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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I am needing an answer according to British Columbia Canada

Customer Question

Hi
I am needing an answer according to British Columbia Canada cohabitational law. I have been living with my fiancee (he proposed in feb 2015) and we have been living together common law for around 5 years. He has been living in my house...we have a cohabitation agreement signed independently that he is choosing to rent from me and that he is choosing to not own or invest in a property so the house is 100 percent mine..I am on full title. He is coming to get his things I caught him cheating on me..and I have proof from the neighbors that he has been cheating for the last 8 months. We have separated and he is coming to get his things...legally do I have a right by law where I must let him enter the home...or could I legally be allowed to provide his things out safely on a clean tarp where its totally dry (not raining, in boxes all of the things we negotiated...i am giving him every thing he has asked for...or must I let him enter the home by law. It is my home...i am on title and he signed the cohabitation agreement saying its 100 percent my property.
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  Legal Ease replied 1 year ago.

You can tell him that you don't want him to enter the home and cite the cohabitation agreement but if he calls the police they will most likely say that without an order you must let him in the home.

Customer: replied 1 year ago.
what kind of order do I need to get. Could I show the police ..the emails ...that we made an agreement in writing with him saying these are the things he is wanting I asked him to make a through list of everything he is wanting to take..and then I said ok to everything and now 5 days later he is demanding that he is going to take more I conceded to his demands saying fine take it...even though they are half mine..I told him I will have it ready for him aug 11 at 10am...but I dont feel safe with him in the home. He has already threatened me by saying "no I am going to take all of them..(ie gifts that were given to both of us) and then he said "dont make this difficult cause I can make things very difficult for you ". what kind of order do I need to get
Expert:  Legal Ease replied 1 year ago.

You would need an order for exclusive possession of the home.

What you can do, based on these threats, is have the police attend at the home when he is coming to keep the peace.

Customer: replied 1 year ago.
how can I get an order for exclusive possession of the home...if I have that ...then I can have his stuff outside safely and dry for him to take ...and the police wont be able to give him permission to be in the home.
Expert:  Legal Ease replied 1 year ago.

It will allow you to keep him out. But that doesn't mean you can put his things outside. He will get an order dealing with how to get his things. It could be that it would be with police assistance. It could be that some other third party has to be there.

It can take months, if not longer, to get the order.

The better approach is to get the police to attend when he comes into the home.

Customer: replied 1 year ago.
ok thank you very much for your help.
Expert:  Legal Ease replied 1 year ago.

You are very welcome. I am sorry this happened to you.

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