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Legal Ease
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Category: Canada Family Law
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Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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My daughter's husband has announced he is leaving but won't

Customer Question

My daughter's husband has announced he is leaving but won't go for a few days and is doing damage in the house. What legal recourse does she have to get him out now.
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  ulysses101 replied 1 year ago.

Hello, thank you for the question.

What province are they in?

The are legally married?

Who is on title to the home?

Customer: replied 1 year ago.
They are in BC, legally married and live in a housing co-op
Expert:  ulysses101 replied 1 year ago.

I'm not certain about when the "matrimonial home" is a housing co-op. I'm going to opt out of this question, and another expert should pick it up. Please be patient.

Expert:  Legal Ease replied 1 year ago.

When the matrimonial home is in a housing cooperative it is the same as if there was a lease. That means both spouses have an equal right to possess the home. At the same time, no spouse has the right to damage the home and it would make sense for your daughter to call the police.

Let me know if you need any further clarification.

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