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Answered in 2 minutes by:
12/18/2013
VerifiedThank you for your question. My goal is to provide you with the best possible answer.
To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.
But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.
I am sorry to hear this.
Is there a cohabitation agreement?
Is the terminal spouse mentally competent?
If not was the son appointed under as Power of Attorney to make decisions about care and finances?
Did your brother contribute to the value of that house?
To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.
But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.
I am sorry to hear this.
Is there a cohabitation agreement?
Is the terminal spouse mentally competent?
If not was the son appointed under as Power of Attorney to make decisions about care and finances?
Did your brother contribute to the value of that house?
He has no legal right to stay as common law spouses do not have property rights.
At the same time they cannot force him out without a court order and it's not likely they will get one until the new year.
But if they have to go to Court he will end up having to pay some of their legal costs.
So it's likely best for him to come to an agreement with them that he will move out perhaps by Feb 1 and I would imagine they will agree.
At the same time they cannot force him out without a court order and it's not likely they will get one until the new year.
But if they have to go to Court he will end up having to pay some of their legal costs.
So it's likely best for him to come to an agreement with them that he will move out perhaps by Feb 1 and I would imagine they will agree.
VerifiedDebra and 87 other Canada Law Specialists are ready to help you
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