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Copperlaw
Copperlaw, Lawyer
Category: Canada Law
Satisfied Customers: 2014
Experience:  Lawyer and Retired cop. Drug expert, breath tech, negotiator, traffic specialist. Criminal, Family, Civil and others.
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I have been married years. My husband has never had steady

Customer Question

I have been married for 3 years. My husband has never had steady employment I own the house and we signed a prenup it was not done through lawyers but was witnessed he also signed a paper because he refused to get a lawyer. As well he has essentially abandoned the marriage as we do not have sexual relations. He refuses to leave. I live in my home with my 15 year old daughter what do i do to get him to leave
Submitted: 1 year ago.
Category: Canada Law
Customer: replied 1 year ago.
Also i have become disabled I have an eye disease. He refuses to talk or make an agreement and refuses to leave in fact lives like he is a bachelor going out all weekend sometimes not even coming home. I dont know what to do can i do this without a lawyer? What steps must I take
Expert:  Copperlaw replied 1 year ago.

Good evening, I am sorry to hear of the difficulties that you are having.

Aside from any financial right dispute that might arise out of the matrimonial home, he does have a right of occupancy in the home since you both reside there and it is the matrimonial home. Although the house is in your name and you have a prenup which seeks to protect your financial interest in the home, he still has an occupancy right in the matrimonial home so it's not just a case where you can tell him to leave. Even the police could not make him leave.

If you wish him out of the house and want to occupy it on your own and remove his right of occupancy, you'll have to file with your local Family Court for an Order of Exclusive Possession. This would provide a legal declaration that you are the only one entitled to occupy the residence and your husband could then be removed by the authorities.

This is something that you can do without a lawyer, although having a lawyer is always preferable as there is a fair bit of paperwork to draft, serve and file and legal arguments will need to be made in Court. Still, you can do this on your own if cost is an issue.

Here is a link to a handbook published by the government for women leaving relationships of abuse and covers all of the related areas of law, including applications for Exclusive Possession. http://www.cleo.on.ca/sites/default/files/book_pdfs/handbook.pdf You will also find a lot of other related information that will be very helpful.

Here is another article on the issue of Exclusive Possession. http://www.sorbaralaw.com/exclusive-possession-matrimonial-home/

And another http://www.freshlegal.ca/blog/2015/1/3/exclusive-possession-of-the-matrimonial-home

So this is what you'll want to do to get him out of the home.

But you'll also have a long road ahead to deal with the rest of the fallout from the breakdown of the marriage and to protect your rights and ensure that the prenup is upheld, otherwise, he could end up receiving half of all property and you could pay him support.

Again, this is why it is so essential to have a lawyer represent you, because so much is on the line.

Please let me know if you require anything else at all as I am happy to continue chatting

Also, please take a moment to leave me a positive rating as this assists me in building my reputation here on the site.

Jim

Expert:  Copperlaw replied 1 year ago.

I look forward to hearing back from you. Please let me know if you require anything further.

Jim

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