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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101045
Experience:  Lawyer
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I own a house joint tendacy with my sons father i am on

Customer Question

i own a house joint tendacy with my sons
father i am on title
father would not leave home when we hit a difference in our relationship
therefore mom and son had to find other living accomodations
can u loose my home dur to adverse position and statute of limitation
i was not able to pay rent at 2 places
and my name stsyed on morgage property tax bill and insurance bill
and he did not pay child suppory
neex some help
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

No. You cannot lose ownership rights to your house.

That has nothing to do with adverse possession and you do not have to worry at all.

Let me know if you need any further clarification.

Customer: replied 1 year ago.
but my son and i have been out of house since december 1990
statutes of limitatations changed from 20 years to 15 years ..
and can i get him to pay me out and claim for occupers rent
Expert:  Debra replied 1 year ago.

But you have allowed him to live in the house. That is not adverse possession.

Advers possession is when someone uses a property openly, continuously, exclusively and without the permission of the owner. You have given him permission because he's living in your house and you have allowed it.

You can see could court order to have him removed. You will not be able to successfully claim occupiers rent because you have not demanded it all these years.

Customer: replied 1 year ago.
but in 2010 i served him with papers asking if i could use the basement
he would not let me
he called police on me but since then
i have visited him to check up on the home .. i have a letter from the police statation that i was there .. serving him with letter ...
i am trying to ask him to pay me out .. and claim occupiers rent from 2010
and from occupiers rent claim child care expenses he did not pay me
i suspect he will tell me he cant pay me out .. and i will never bd able to take advantage of the home . i feel unfair ...
Customer: replied 1 year ago.
trying to make it so that i own more that 50 percent of the home
and havr courts force him to pay me out and if he cant to set a percent that i would get if there was a way that i could get more than him if we sold ....
he did not pay me child support because he was paying the mortgage .. i was hoping to get that when settling the house ..
Customer: replied 1 year ago.
statute of limitation laws changed in 2009 effective 2012
from 20 years to 15 years he saying i went over the years i said no i did not i allowed u to stay there.. and i have come to visit and i did not take my name off any of the bills and he paid the mortgage instead of giving me rent and child support
Customer: replied 1 year ago.
is there any way you can help me providr me with a sample case ..
Expert:  Debra replied 1 year ago.

A court will likely require that he house be sold.

The Court will look at your contributions and also consider that he lived there and you did not.

And the court will discount the mortgage payments that were paid in lieu of child support.

I cannot provide samples.

But what you really need to do is consult with a lawyer face to face as there is a lot at stake and this is a complicated issue.

Customer: replied 1 year ago.
i think i have my interest in the home
but judge would not let me continue
because i have to prove the statute of limiation act and adverse possession
and i do own the house joint tendenacy
if i can prove these 2 i can move on to value of the home that i should be entitled .. he offered me 2000 before going into court... if he wins he is charging me with his lawyers bill
all making me nervous .. i am a single mom that has brought up our son with little help and our son still living with him even though 24..
Expert:  Debra replied 1 year ago.

As your name is ***** ***** you cannot lose your interest in the house. The limitation period doesn't apply. It applies if your name is ***** ***** title.

The winner often gets some of their legal costs paid for. That is usually about 1/3. You will never have to pay all of the lawyer's bill. And if you make an offer to settle and do as well as the offer then you will get an order for you costs.

I have to go to bed now but if you have further questions I will answer in the morning.

Customer: replied 1 year ago.
do statute of limitation and adverse possession apply
you did answer adverse possession in one of your repluies but not on the statues of limitation act changed in 2009 effecive 2012. but i started not living in home december 2009 due to a child protection case that would not allow me to be in same home with our son so i let ryan my son stay in home with dad til it finished in july 2000 where my son came back with me
if i could use july 2000 as my move out date after order was lifted from me i would fall in the 15 year filing court may 25 2015 filed in court .. could use the argument law kept me from house after husbsnd sided with family protection i disliked him
Expert:  Debra replied 1 year ago.

I have already stated many times that in my view the limitation period does not apply because your name is ***** ***** to the house.

Because your name is ***** ***** to the house you own the house. You don't give up the rights to your house that is in your name over the passage of time. That is not what the limitation period is about.

The limitation period is about suing. So if the house was in his name and you thought you had a interest in it you are too late to sue. But the house is in your name as well and therefore you did not lose any interest in it.

Please do as I've already requested and see a lawyer face to face at once because this is very complex, there's a lot at stake, and you really aren't understanding what I'm saying unfortunately.

If the judge says that you are wrong then you need a lawyer to help you and you cannot self-represent.

Customer: replied 1 year ago.
even though our son is 24 years old hiw can we break the law only going back 3 years if he were 19 years of age
i wanted this long because i really did not want my son hurt through all this and really be an adult .. he still lives home with me .. and i have always put mysrlf in poverty by not forcing paul to pay child support my main concern was to pay the mortgsge off and i would work extra somewhere .. ryan missed the benefit of having his mom during school years because i worked too much
Customer: replied 1 year ago.
huxtable case how can i prove myself that this is not the case...
and plus the question before this...
Expert:  Debra replied 1 year ago.

The courts will never go back more than three years unless there are exceptional circumstances. This is usually where the support payor cannot be located. This was not the case here.

As I told you it may be that because you didn't get the child support the court will say that some of the mortgage payments paid by the father were paid in Lieu of child support and therefore will not count towards him getting a larger interest in the home.