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I have a fallow up question to this afternoons conversation,

good evening i have a...
good evening i have a fallow up question to this afternoons conversation , How much notice do I have to give to a common law ex for her removal from my home .
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Answered in 16 minutes by:
11/8/2017
Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 105,981
Experience: I am a practicing lawyer and have also been an online professional for 5 years.
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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No notice is actually required as there is no right to be there.

If this went to court the court may say that simple fairness would require notice such as 30 days but really it is not required.

Could you please be sure to rate this post and the other one so that I can get paid for my work?

Thanks!

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Customer reply replied 9 months ago
No problem , What other if any legal hurdles could she throw at me or ways of stalling does she have after the notice has been delivered

There really are no legal hurdles. She is trespassing in your home. She has no right to be there. That is simply the law.

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Customer reply replied 9 months ago
Until her legal motion of constructive trust is put through the court she has no means of stopping me in the possession ?
Does she have the immediate right to stop me from selling the home without a court order to stop me ?

She is claiming an interest in the home. She will not get the home. If she succeeds she gets money from you equal to her interest in the home.

She can stop you from selling the home because there is litigation surrounding the home.

But that has nothing to do with possessing the home.

Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 105,981
Experience: I am a practicing lawyer and have also been an online professional for 5 years.
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Customer reply replied 9 months ago
But she will have to put forth a legal motion to stop me from selling ie get acourt date ect ect
Customer reply replied 9 months ago
I am looking to take advantage of the backlog and loopholes she has used

She is going to have to get you into court at some point if she is to get an order.

Thanks for this rating. If you rated me on the other post it did not go through so can you please try again?

Thanks!

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Customer reply replied 9 months ago
I will try to rate on the other post as well . Do you envision any issues when i explain this to the police

Yes.

They often do not understand the law and will say this is a matrimonial home and you need a court order.

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Customer reply replied 9 months ago
A long as my paper work is in order , and i can show them i am the owner and she has no legal right to be there . like showing them the title and prompting them well in advance and giving them the date of her eviction
Customer reply replied 9 months ago
they have no choice but abide by what is a legal document

But if she was your legally married spouse should would have this right and they often simply don't understand the difference.

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Customer reply replied 9 months ago
We were only common law It is not a matrimonial home

Of course but I am telling you that the police do not always understand that.

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Customer reply replied 9 months ago
I will not argue legal in's and outs with the police they will be informed well in advance and be instructed to talk to my lawyer .
That she has no legal right to stay in the home , she only has a right to a claim on its value .

Please come back here and let me know what happens. I am going offline for a while now.

But please do be sure to rate that other post.

Thanks again.

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Customer reply replied 9 months ago
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