Canada Law

Ask a Canada Law Question, Get an Answer ASAP!

Ask an Expert,
Get an Answer ASAP!

I have been a stay at home mom for the last nine years, however,

Customer Question
I was never married. Two...
I have been a stay at home mom for the last nine years, however, I was never married. Two years ago, I decided that I couldn't deal with the abuse anymore so I broke up with him. I have asked him to please move out because he is creating a toxic environment for me and the 3 children. He tells me what I want to hear, that yes he will move, but then he is secretly sneaking more of his stuff back into the house. My name is XXXXX XXXXX here, including the house and the mortgage, but because I depend on him for support he feels that he has as much right to be here. I can't make him leave (I tried once and it got nasty) so I have decided that I should leave. The problem is that I don't want to walk away and leave my good name and credit for him to ruin. My plan is to ask him to take over the mortgage, and I will sign over the house to him. I will do anything to get him off my back right now. I'm not sure if that is a good plan or not.
Submitted: 8 years ago.Category: Canada Law
Show More
Show Less
Ask Your Own Canada Law Question
Answered in 34 minutes by:
6/20/2010
Lawyer: Debra, Lawyer replied 8 years ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,984
Experience: Lawyer
Verified
Chat Conversation Started
debra thal :

What province is this please?

Is the title to the house in both your names?

Have you been to a family lawyer yet?

Customer: I live in Ontario.
Customer: The house, the mortgage, and all utilities related to the house are in my name only.
Customer: No, I haven't. I spoke to a police officer and he said that because my ex put money in the downpayment and has been contributing to mortgage payments that he has every right to be here.
debra thal :

The police officer has no knowledge of the law and no right to make such a statement.

The fact is that in Ontario common law spouses do not have property rights.

For this reason there is a presumption that what is in your name belongs to you.

That presumption can be rebutted if your ex-spouse can show that he contributed to the value of the property either financially or though contributions of effort.

If he did they he will be able to successfully claim an interest in the house.

At the same time ( and the police office should know this but they often don't) because you are common law spouses and are not legally married that house is not considered to be a matrimonial home and for this reason has no right to possess it even if he has a claim to an interest in it.

Because there are children and your rely on him for spousal support you have to proceed carefully.

For this reason it's not a good idea to move out with the kids at least before you get some legal advice from a family lawyer. In fact, if they are his kids too he can stop you from moving the kids. It's not lawful to move the kids without the other parent's permission unless there is a Court order allowing this. It could be considered to be parental abduction.

It's most assuredly not OK to move out and leave the kids as it would be giving him custody.

As well, as your name is XXXXX XXXXX and on the mortgage until the title is transferred and the bank releases you from the mortgage you have no protection in terms of your debt to the bank. If he defaults the bank can come after you so long as your name is XXXXX XXXXX mortgage.

What you can do to find a lawyer is one of the following things.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-800-268-8326 or(NNN) NNN-NNNN(within the GTA)

Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.

Here's the link to their website:

http://www.lexpert.ca/Directory/DirectoryContent/FindLawyersOrFirm.aspx

Customer: Hi
Customer: It sounds like you are saying that I have no options. All I would like to know is what my legal options are, I can't really afford a lawyer right now but it seems like I can't avoid it. Thank you for the phone number, I called and I got the name of a lawyer. I will be contacting him soon.
debra thal :

It's not that you don't have options but some of the options are expensive. But that means they are expensive for him too. He will want to avoid legal fees as much as you do.

Sometimes fear of legal fees causes people to settle so that the lawyers aren't the only ones who end up winning.

As well, you can self-represent, if needed down the road. It's just hard to do that.

But, it's possible.

Customer: Point taken, but I just feel severely trapped right now. It's not just that I'm looking for any easy way out, but a viable one that's fair would be good enough. I just want to get away from this person, not only for my sake but for my children too.
debra thal :

I understand.

If I were you I would get some free legal advice and then consider having a lawyer write one non-threatening but clear letter.

Customer:

Thanks, XXXXX XXXXX I was hoping for too. I saw a lawyer but he told me he is not taking new clients, I'm not sure why he was recommended to me. All he told me was that I was within my right to put him out and I should call the police if he doesn't leave. I have done that before, the police are not interested if there is no physical contact. So, basically I'm back to square one and it looks like I'm going to have to leave after all. I am not interested in any confrontation or upsetting my children any further. The stress of it all is just debilitating.

Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,984
Experience: Lawyer
Verified
Debra and 87 other Canada Law Specialists are ready to help you
Ask your own question now
Lawyer: Debra, Lawyer replied 8 years ago
There are lots of lawyers and many are wanting new clients badly and will do more for less money.

You just have to persist in finding one.
Ask Your Own Canada Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Debra Your Own Question
Debra
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,984
105,984 Satisfied Customers
Experience: Lawyer

Debra is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest.

MonikaCanada

This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help.

MikeHalifax, NS

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tom B.

Tom B.

Barrister & Solicitor

2,263 satisfied customers

25 years in practice

LawyerProfessor

LawyerProfessor

Lawyer

836 satisfied customers

Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997

Debra

Debra

Lawyer

105,984 satisfied customers

Lawyer

Jeremie John Martin

Jeremie John Martin

Lawyer

839 satisfied customers

I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.

Sokkalaw

Sokkalaw

Lawyer

312 satisfied customers

Lawyer in Ontario, Canada

CaptanLaw

CaptanLaw

Lawyer

250 satisfied customers

I'm a criminal defence lawyer, who assists individuals charged with crimes.

Mark A

Mark A

Lawyer

179 satisfied customers

Canadian Lawyer working at a Canada Law Firm

< Previous | Next >

Related Canada Law Questions
My Wife is being sought after for child support for a child
My Wife is being sought after for child support for a child (14) who she has with a previous partner. We moved from BC to Alberta recently and we are willing to pay child support. The father did not p… read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,186 satisfied customers
I lived together since January 2014. My son was born July
I lived together since January 2014. My son was born July 14th 2014. My ex asulted me October 24th 2014 (the cops took him to jail that night and let him out in the morning) a social worker did an inv… read more
Debra
Debra
Lawyer
Doctoral Degree
105,984 satisfied customers
After my mom died..in 2012 mystepfather put me on deed of house
After my mom died..in 2012 mystepfather put me on deed of house w him.2014 his name was taking off because I am paying the mortgage. He arrived in New Brunswick march 2015 and went into hospital. He w… read more
Debra
Debra
Lawyer
Doctoral Degree
105,984 satisfied customers
Re: Constructive Dismissal - If I am forced to quite my employment
Re: Constructive Dismissal - If I am forced to quite my employment in a union environment - and can no longer work for a entire health region due to the abusive and harassing work place environment - … read more
Debra
Debra
Lawyer
Doctoral Degree
105,984 satisfied customers
Do I stay and have him removed?? Do I move out and get money
Do I stay and have him removed?? Do I move out and get money from family?? Do I continue with mediation?? Help Hi Glenda. I am in need of legal advice desperately.. I am in the middle of a divorce and… read more
Debra
Debra
Lawyer
Doctoral Degree
105,984 satisfied customers
I am in a jam and not sure what to do. my husband just walked
I am in a jam and not sure what to do. my husband just walked out last week to be with his new family of seven months leaving me with my step daughter. Can I sign things for her and do I have any pare… read more
Debra
Debra
Lawyer
Doctoral Degree
105,984 satisfied customers
My ex common law partner and I moved in with my parents because
My ex common law partner and I moved in with my parents because he was not working and I couldn't afford all the bills on my own. This was in March 2011. In July I moved away for a new job and he foun… read more
Debra
Debra
Lawyer
Doctoral Degree
105,984 satisfied customers
My 21 yr old daughter bought a house with her boyfriend in
My 21 yr old daughter bought a house with her boyfriend in June 2011. They jointly applied for and were approved for a 20 thousand dollar home owner's grant. This was the down payment for the house. T… read more
Debra
Debra
Lawyer
Doctoral Degree
105,984 satisfied customers
I am a 34 yr old male and have been married for 5 years. I
I am a 34 yr old male and have been married for 5 years. I want to separate from my wife. We have no children either from this relationship or a previous relationships. We have owned a house for about… read more
Debra
Debra
Lawyer
Doctoral Degree
105,984 satisfied customers
I am recently separated. My soon to be former spouse and i
I am recently separated. My soon to be former spouse and i have no children. We did own a house togethor - we paid 477k for the house have a current mortgage of 464k. I signed off on a property transf… read more
Debra
Debra
Lawyer
Doctoral Degree
105,984 satisfied customers
If one partner commits adultery, can that speed up the divorce
If one partner commits adultery, can that speed up the divorce proceedings. In other words, do you still have to wait a year for a legal divorce? Once divorced, can the home, that is in both partners … read more
Debra
Debra
Lawyer
Doctoral Degree
105,984 satisfied customers
My daughter is sharing a condo with her boyfriend. Her name
My daughter is sharing a condo with her boyfriend. Her name is XXXXX XXXXX lease, however he does pay 1/2 of the rent. The furniture was purchased by her prior to her meeting him. He is abusive emotio… read more
Debra
Debra
Lawyer
Doctoral Degree
105,984 satisfied customers
My stepson is 19 and creating a toxic environment at home.
My stepson is 19 and creating a toxic environment at home. He is intimidating and has in the past physically assaulted me. I want him out, he is refusing to leave and his mom wants him to stay as he h… read more
Debra
Debra
Lawyer
Doctoral Degree
105,984 satisfied customers
Hi Debra, No Lease was signed or even written or even orally
Hi Debra, No Lease was signed or even written or even orally mentioned between I and he. Does that change anything? As far as I kicking him anytime, that's easier said than done. I asked him that oral… read more
Debra
Debra
Lawyer
Doctoral Degree
105,984 satisfied customers
my commonlaw husband is carrying on an affair, he told me that
my commonlaw husband is carrying on an affair, he told me that he is leaving but he won't, it has been 4 weeks and he is still here, he spends weekends with her. can I lock him out of the house? I put… read more
Debra
Debra
Lawyer
Doctoral Degree
105,984 satisfied customers
Situation Boyfriend and girlfriend buy a house in Alberta.
Situation: Boyfriend and girlfriend buy a house in Alberta. Each one contributes 50% of the down payment. Both names are XXXXX XXXXX mortgage. Six months after they move in, things go bad and she need… read more
Debra
Debra
Lawyer
Doctoral Degree
105,984 satisfied customers
my girlfriend and i bought a house together in august 2007.
my girlfriend and i bought a house together in august 2007. since then we broke up and she has been living in our house,paying the mortgage by herself. i only moved out because she said she would give… read more
Debra
Debra
Lawyer
Doctoral Degree
105,984 satisfied customers
I bought a condo 9 months ago with my boyfriend on joint tenancy
I bought a condo 9 months ago with my boyfriend on joint tenancy in Calgary, and we broke up a month ago. I have moved out and been looking for a way to terminate the joint tenancy but it hasn't been … read more
Debra
Debra
Lawyer
Doctoral Degree
105,984 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x