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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 101008
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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I live in Ontario. I have been living with my partner from

Customer Question

I live in Ontario. I have been living with my partner from May 2014 to now... About 1 1/2 years. I am owner of home. I have asked him to move out for almost 5 months. I gave a date of Dec1:15 to leave. He refuses and says he wants to make things work, and that he can't afford rent and does not qualify for a mortgage. I have a son with a mental illness and my partners presence is creating great tension. I am so frustrated about what to do. Would the police actually escort him out if I called them. Also can I move his stuff to another location to pick up. He has so much crap... That interferes which things I need to do to get my house ready to sell.
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  Legal Ease replied 1 year ago.

I am sorry to hear this.

Common law spouses do not have matrimonial homes in Ontario even if you had achieved common law status, which you did not.

So he was a guest in your home and now he is no longer welcome. He has to leave as he has no right to stay.

The police should agree to remove him as he is trespassing but they often do not understand the law and require an order first. It would make sense to call them and try.

He also doesn't have the right to keep his things in your home when you don't want them there so you can remove them so long as you don't damage them.