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I live in Ontario. My spouse and I separated just over 2 years…

I live in Ontario. My...

I live in Ontario. My spouse and I separated just over 2 years ago. We own a home together (both of our names on the mortgage) and her two adult children (ages 20 and 22) live in our home. Neither of them pay rent. The house went up for sale in Oct 2015 and is still for sale. Both of her children are inhibiting the sale of the house in many ways. I left the home 1 year ago to help prevent her children from experiencing the conflict between us. I hold open houses there every second weekend, continue to do maintenance on our home and I have continued to pay my half of the mortgage and even 1/4 of the utilities even though I have not stayed there in over a year now.
I recently requested that her two adult children either move out of the house OR begin to pay rent as of June 01, 2016. What rights do I have to move forward with this? I cannot continue to have them live in my home taking advantage of living there for free and not participating in their responsibilities in trying to sell the home.
Thank you!

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5/2/2016

Family Lawyer: Legal Ease, Lawyer replied 4 years ago

Legal Ease, Lawyer

Category: Canada Family Law

Satisfied Customers: 130,252

Experience: I am a practicing lawyer and have also been an online professional for 12 years.

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When you say that both your names are ***** ***** mortgage do you also mean they are both on title?Does your spouse live in the house as well as the children?

Customer reply replied 4 years ago

Yes, both of our names on the mortgage, property taxes and title.Yes, my ex lives in the house with her two adult children.

Family Lawyer: Legal Ease, Lawyer replied 4 years ago

The law is that if both spouses own the house and only one lives in it that one should be paying occupation rent. So it is not that the two children should be paying rent as they are living with their mother. But a court would order that your spouse pay occupation rent which is 1/2 of fair market rent because she owns 1/2 the house. On the other hand if the children are actually doing things to hamper the sale then you can seek an order that they be removed from the home. You cannot compel them to leave otherwise. Let me know if you need any further clarification.

Customer reply replied 4 years ago

So if my ex is already paying half the mortgage every month, I can still have her pay occupation rent? And even though the two children are 20 and 22 years of age, adults, they can live in my hoe for free? How do I go about getting a court order to remove them?
Thank you!

Family Lawyer: Legal Ease, Lawyer replied 4 years ago

They can live in the house for free as no court is going to say their mother should charge her young adults rent to live in her home. It is her home too. If she pays rent they are covered by that. But yes, she could be ordered to pay occupation rent on top of the mortgage payments because she is living there and you are not.Getting a court order is going to be complicated and expensive. But ultimately you will have to bring the application against your spouse and ask for exclusive possession of the home because her actions by allowing the children to do whatever it is that they are doing that is hampering the sale of the home, is harming the chances of selling the home.

Customer reply replied 4 years ago

If I was able to obtain occupation rent, would she be compensated for her half of the mortgage she is paying? I am obligated to pay utilities even though I am not living there?Am I obligated to pay half of the mortgage and property taxes since I don't live there?

Family Lawyer: Legal Ease, Lawyer replied 4 years ago

You both own the house so you each pay half the mortgage payments and have the taxes. She pays the utilities as she lives there.She is living in a house that you own equally so she pays you 1/2 of fair market value rent.

Customer reply replied 4 years ago

Do I have to go to a lawyer to receive occupation rent? What are the steps to accomplish this?Can I just write an email to her and request 1/2 of fair market value for the rent?

Family Lawyer: Legal Ease, Lawyer replied 4 years ago

You can send her a letter making the demand or have a lawyer do that. If she refuses you will need a lawyer to get a court order. It may be that if the children are harming your ability to sell the house it is time to get a lawyer anyway. The lawyer can send her a letter warning her about the children and threatening court. It is to her benefit for the children to impede the sale now as she is essentially living there for free since she is not paying rent.

Customer reply replied 4 years ago

Is she entitled to spousal support? We have been separated since April 2014 and I have not been living in my home since March 2015. My ex has been paying her own half of the mortgage, and property taxes for well over a year without any assistance from me. Her salary is lower than mine. Her ex husband (the father of her two children) is still paying support for his daughters but this will be ending shortly for the oldest daughter who is almost finished school.

Family Lawyer: Legal Ease, Lawyer replied 4 years ago

This is an entirely new question and I cannot answer it on this post. The only answers I can provide in this post have to relate to your original question.If you want to discuss spousal support please to start a separate post. Youbcan put my name into the question, it is legal ease and so I will then be the one to answer.

Customer reply replied 4 years ago

Ok thanks. Can I back-date the occupation rent since I have been living outside of my home for over a year now?

Family Lawyer: Legal Ease, Lawyer replied 4 years ago

You can try. Your spouse may argue that there is an implicit agreement that she did not have to pay rent and paying a retroactive amount now will cause her to undergo undue hardship. It's not clear which way a court would go if this ended up in court.

Customer reply replied 4 years ago

Are you able to write me a letter for occupation rent? am I able to retain a lawyer through you? If so, what is the cost and procedure?

Family Lawyer: Legal Ease, Lawyer replied 4 years ago

Unfortunately, I cannot act for you. The rules of the site for prohibit me from having any direct contact with you or for providing you with specific referrals.

Customer reply replied 4 years ago

Can you provide me with a sample letter for the occupation rent?I added another question in my account and I would prefer if you could help me, I am not getting anywhere with the other lawyer

Family Lawyer: Legal Ease, Lawyer replied 4 years ago

I will look for the new question.I am still looking but for now please rate this answer. Your stats show that you have three opened unrated questions and so you should repair that. As well, I cannot get paid until you rate me. ThanksI found the other questions. I answered one. Please rate that one. The other was placed on the US law list. I have asked the site to move it. Please disregard the answer there as it doesn't apply.

Customer reply replied 4 years ago

Thanks for moving my question to the Canadian site. I just opened the other questions not long ago and will rate once I am finished with them. Are you able to give me a sample of the occupation rent letter? Once I know this I can rate this question. Thank you.

Family Lawyer: Legal Ease, Lawyer replied 4 years ago

No. I cannot do that. We are no permitted to provide any sort of legal documentation because that would be practicing law and we aren't allowed to practice law online or through the site.

Legal Ease, Lawyer

Category: Canada Family Law

Satisfied Customers: 130,252

Experience: I am a practicing lawyer and have also been an online professional for 12 years.

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