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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100007
Experience:  Lawyer
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My father just passed away in a car accident. My brother and

Customer Question

My father just passed away in a car accident. My brother and I are the sole beneficiaries per his will. His girlfriend (of less than a year) is living in his house. We need to sell the house to take care of the debts. What are her rights with respect to living in the house? Can we evict her? How much notice are we required to give her? Also, we have evidence that suggests that she and her adult son cannot be trusted (the son charged over $7000 to my Dad's credit card a couple months ago without authorization).
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

I am sorry for your loss.

What province is this please?

Customer: replied 1 year ago.
British Columbia
Expert:  Debra replied 1 year ago.

She is not a common law spouse because they had lived together for under one year.

So she has no claim to the house. It is not her matrimonial home. She was a guest and now if the executors want her out then she must leave or is trespassing.

You can tell her to leave at once and she must do so.

As well, you should cancel all his credit cards at once.

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