Hi, I'm asking this question on behalf on my sister in law who's in a situation she's not sure how to handle it. She met a man in Alberta whom she lived with for 1 1/2 years and then both moved to Ontario to where they have been living together for year now. My Sister-in-law rec'd an inheritance from her deceased parents last year to where she purchanced a home in her name. She pays all the bills. Now, she's not happy with his lack of non-working, heavy drinking and gambling, All she was unaware of when she met him. He gave her a engagement ring last year. Now here's the kicker: this man is still married to his estranged wife in British Columbia whom he never divorced his second wife. They are now separated for several years. My question is what legal rights does my sister-in-law have, she wants this man to leave her home and out of her life!Thanks, Barb.
Province/Territory relating to question: Ontario
Thanks for you question.In Ontario they are not yet considered to be common law spouses as they first need to live together for 3 years unless they have a child together.And, in any event, common law spouses do not have property rights in Ontario (or Alberta for that matter). As such the home is not a matrimonial home and he has no right to remain.Her right is to tell him to get out.If you would like any additional information or have more questions please don’t hesitate to ask! Please remember to only rate my answer when you are 100% satisfied. IF you feel the need to click either "Helped a little" or "I expected more", please stop and reply to me via the CONTINUE CONVERSATION button with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek. Thank you
Hi, spoke to my sister in law and obtained addtional information that I was not aware of. This property/house is in both their names on title, however she paid it in full with her inheirtance and he did not contributed any money towards the purchase. He is currently not working and has not contributed in the house expenses. While he was working very little was paid by him. Can she legally remove his name? as he has not contributed in teh upkeeping.
This is a very different situation then and much more difficult.If he won't agree to transfer title to her then she will essentially need to sue him.It will take a long time and will be expensive and he does not need to get out of the house until then unfortunately.This is a huge mess and your sister-in-law needs a lawyer.She can contact the Law Society and use their Lawyer Referral Service. She will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free. The number is: 1-800-268-8326 or(NNN) NNN-NNNN(within the GTA)