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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100424
Experience:  Lawyer
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Looking on my rights to evict a common law partner. We have

Customer Question

looking for information on my rights to evict a common law partner. We have lived together for 2.5 years
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Thank you for requesting me.

Am I correct in assuming that your name is ***** ***** name on title to the home?

Customer: replied 1 year ago.
I have lived in this rental home for 5 years. He moved in 2.5 years ago
Customer: replied 1 year ago.
I pay rent and all other bills. I am the primary income earner.
Customer: replied 1 year ago.
There are no children involved.
Expert:  Debra replied 1 year ago.

As far as the landlord is concerned are you the only tenant?

Is he on the lease?

Customer: replied 1 year ago.
No lease. But I have been solely responsible for monthly expenses relating to the home
Customer: replied 1 year ago.
Landlord is aware of him being here but I am ultimately responsible
Expert:  Debra replied 1 year ago.

He has no right whatsoever to continue to live in the home once you tell him to get out. He is not a tenant and he has no rights as a common law spouse as common law spouses do not have matrimonial homes in Alberta.

If he doesn't leave he is actually trespassing and there is nothing unlawful about your changing the locks but the police don't always understand the law unfortunately.

So if he won't leave on his own and you cannot get the police to help then you can retain a lawyer to send him a letter threatening a court order and telling him that if you need to do that you will seek an order for your costs so that he ends up being stuck with a good part of your legal costs.

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