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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Was living common-law,sold my home to my son evicted

Customer Question

was living common-law,sold my home to my son evicted common-law now he has charged me with assault and the police made me and my son leave the house so my common-law could move back. Is this legal?
Submitted: 11 months ago.
Category: Canada Law
Expert:  Debra replied 11 months ago.

I am sorry to hear of this very difficult situation.

Before I answer can you just confirm that there are no court orders relating to the possession of the house?

Customer: replied 11 months ago.
No there are no court orders pertaining to the house.My son paid off mortgage,he has the deed,but the police made him leave also said Elmer lived there for 16 years he could still live there.The house was in my name prior to that.Just wondering why my son had to get out of his home.
Expert:  Debra replied 11 months ago.
The police are treating the home as if it was a matrimonial home. In Ontario common law spouse is don't have quite the same legal rights that legally married spouses do with respect to property but in the past few years the courts have treated Common law spouses and legally married spouses much more similarly and for this reason your home would likely be treated as a matrimonial home if this went to court. And in that case it doesn't matter whose name the house is in because that does not have much relevance for matrimonial home situations. The fact that it is in your son's name doesn't make any difference to the police nor will it to a judge because you transferred the house into your son's name recently.You will need to obtain a court order granting you exclusive possession of the home before you will be able to get your former spouse out of that house. The police will not assist you until you have an order . When you get the order then the police will assist you in evicting your former spouse.So unfortunately, your next step will have to be to retain a family lawyer to act for you so that the lawyer can proceed to court to deal with this and any other outstanding issues.Does that assist in understanding the law a bit better?Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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