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Then worry not.
If this has settled with a payment due from you then that is the way it will go. Everything about real estate has to be in writing and if it settled, she is bound as long as you comply with the payment.
Even if all hell breaks loose, her ability to move in to where you live is doubtful at best and very expensive on her part. When she learns what it will cost and how difficult it is, I predict a departure from her new position.
She has a right of ownership but not an automatic right of possession any more than a landlord has a right of possession of the house they may own but has a tenant. It is your home although the ownership is shared for the time being.
Your previous common law relationship has no importance at all. This is real estate law. You are probably "joint tenants" (as most are) so you both own 100% of the house. "Tenants in Common" own a specific share with a percentage on it.
Either way, to get you out, she has to commence an action in the Court of Queens Bench and sever the tenancy and then seek an order to remove you. Even if she did, the court would look at who is the most convenient to live in the house until it is either sold or someone buys the other one out. If such an agreement is already in place, she has little hope.
Further, it would take months and thousands upon thousands of dollars.
I say this on the assumption that you are not destroying the property in some way or otherwise reducing its value. Then, she would have a case and could move quickly.
Have a great Sunday.
If this has settled with a payment due from you then that is the way it will go. Everything about real estate has to be in writing and if it settled, she is bound as long as you comply with the payment.
Even if all hell breaks loose, her ability to move in to where you live is doubtful at best and very expensive on her part. When she learns what it will cost and how difficult it is, I predict a departure from her new position.
She has a right of ownership but not an automatic right of possession any more than a landlord has a right of possession of the house they may own but has a tenant. It is your home although the ownership is shared for the time being.
Your previous common law relationship has no importance at all. This is real estate law. You are probably "joint tenants" (as most are) so you both own 100% of the house. "Tenants in Common" own a specific share with a percentage on it.
Either way, to get you out, she has to commence an action in the Court of Queens Bench and sever the tenancy and then seek an order to remove you. Even if she did, the court would look at who is the most convenient to live in the house until it is either sold or someone buys the other one out. If such an agreement is already in place, she has little hope.
Further, it would take months and thousands upon thousands of dollars.
I say this on the assumption that you are not destroying the property in some way or otherwise reducing its value. Then, she would have a case and could move quickly.
Have a great Sunday.
Tom B., Barrister & Solicitor
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