My wife moved out last feb. We were seeing each other from Sept. and just moved her back in to house in May this year...At end of May she told me she wants divorce and she has new boyfriend. My house is co-owned by myself, wife, and my mother. My wife will not leave now...She contributes nothing for bills or mortgage. We have agreed on a buyout for her for her share of house, but is there anyway I can evict her before our agreement and divorce papers are filed? She has not payed anything toward house since January last year.
Province/Territory relating to question: British Columbia
Nothing yet. Have asked her to leave or split bill but refuses...I am unemployed at present, she does quite well as dental hygienist. We have 2 children also that we agreed to share custody.
You say the house is co-owned by her.You mean she is on title, right?
yes her, myself and my mother
If her name is XXXXX XXXXX you cannot have her removed. And if this is a legal marriage (as opposed to your being common law spouses) then this is also your matrimonial home and this means you both have an equal right to possess it no matter who is on title.So it sounds like your best bet is to try and resolve all your issues as soon as possible.But if she is living there and no sharing the mortgage payments and other expenses you will get credit for what you are paying when you are trying to work everything out.