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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 99929
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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How do u get your partner to leave your home after you have

Customer Question

How do u get your partner to leave your home after you have told them the relationship is over? He was asked to leave 3 weeks ago and is still here. Dont want it to get messy just want him to go. It is my home wondering if i have locks changed while he
is at work? Should I put something in writing from a lawyer stating he needs to leave? What charges can I lay if it comes down to that?
Submitted: 2 years ago.
Category: Canada Family Law
Expert:  Legal Ease replied 2 years ago.
What province is this please?How long did he live there for?Is the house in your name alone?
Customer: replied 2 years ago.
Ont...2 yrs...in my name only
Expert:  Legal Ease replied 2 years ago.
He has not right to remain in the home as common law spouses do not have property rights or matrimonial homes and even if they did you were not common law spouses. You have the right to tell him to leave and if he continues to refuse you can consider him a trespasser. He was a guest and never a tenant but now he is not welcome and so is trespassing. The police will not likely help unless you get a court order as they tend to misunderstand the law about common law spouses.If you change the locks you may be told by the police to let him though they are actually wrong in their interpretation of the law. It may work best to have a lawyer send him a letter demanding he leave by a deadline you set and if he does not you can, if necessary, get a court order and the letter will state this and will also say that you will seek an order that he pay your legal costs.

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