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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101381
Experience:  Lawyer
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I was common in law but having been living separate for 3

Customer Question

I was common in law but having been living separate for 3 years. He lives downstairs. Nothing is joint. The home is under my name as is the mortgage. It used to be under both names but the time came to renew mortgage he was not eligible and signed the home over to me as I was approved. He keeps threatening me to sell the house, to get money, the home is crammed with his stuff which he refused to clean up, is verbally abusive. What steps can I take to get him out, and what ties to him financially. I want him out, clean up the house and sell when I am ready.Also I have to beg him to give me money for rent and utilities this is where he becomes belligerent and pays here and there whenever he wants or not. Please advise
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 1 year ago.

I am sorry to hear that you are in this difficult situation.

Did he contribute to the value of the home?

Customer: replied 1 year ago.
It started as a rent to own for 18 months then we got a one year mortgage.when that came due I had to takeover on my own as he could not financially. So deed and mortgage all bills under my name
Expert:  Debra replied 1 year ago.

But did he make contributions as well?

Customer: replied 1 year ago.
on and off when he could.also we had done some renovations in the house
Expert:  Debra replied 1 year ago.

When exactly did his name get removed from the title?

Customer: replied 1 year ago.
No November 2013
Customer: replied 1 year ago.
Since the change over he pays when and what he can. He has since lost his business and has filed for bankruptcy
Customer: replied 1 year ago.
I am hoping you are looking at Ontario Canada laws��
Expert:  Debra replied 1 year ago.

I am sorry but I cannot speak to you on the telephone. I know the site offers this service but the site is based in the US. As I am a lawyer in Canada the rules of my law society prohibit me from speaking to you on the telephone as you are not my client.

I can only speak to you by posting up and back over this site.

I am a senior family lawyer in Ontario.

Generally, common law spouses don't have property rights the way legally married spouses do. So in most cases the court would look at contributions. He made very little and has been living pretty close to rent free since November 2013 as the house then became yours. So he would owe you money it seems.

But aside from that the limitation period for him to sue you for an interest in the home has passed. He had two years to sue from November 2013.

He is a non-paying tenant and so has no right to remain in your home and must leave when you tell him to do so.

You don't owe him a thing and in fact he owes you for the rent.

Does that answer your question?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 1 year ago.
I undetstand and thank you for your answers. However the question remains that he did some reno work on his own accord to the downstairs where he stays. And to clarify he does pay tent ay his conveinence.. I also want it noted that when things wer ok before Nov.13 and some bills at that time were under his name, he let them all lapse causing cancellations of services and me having to pay all the bills and penalties. Also he wont leave and has said that if I try to "screw him over" his words that I will be sorry. I feel like a prisoner in my own home
Expert:  Debra replied 1 year ago.

But you won't be sorry and you won't be screwing him over.

If he is paying rent bot not on time and this is a separate unit where he has his own kitchen and bathroom then he is a tenant protected by the Residential Tenancies Act.

That would mean that you need to seek to evict him and get an order from the Landlord Tenant Board on the grounds of late payments of rent.

If he shares a bathroom or kitchen with you then he is not covered by the Act and he must leave now.

It is not his house. Unless you agreed to pay him for the renovations you don't owe him any money.

Customer: replied 1 year ago.
Just share the kitchen, he usesmy living room for watching tv nust plops himself down and sits there all night till bedtime. I literally stay in my room to avoid him and confrontations. He has demanded 100,000 from the home. I am more than willing to pay for renovations
Expert:  Debra replied 1 year ago.
He is bullying you. He's also making empty threats or else threats made out of ignorance. He is not entitled to $100,000 and would not get that in court. He is entitled to be paid for the renovations if you asked him to make them and said you would pay them him for them and if they are above whatever he owes you for rent. If he doesn't owe you any rent and he made the renovations with your consent then you owe him for the renovations. You do not owe him anything else. If he did have a claim to an interest in the house from before he cannot make the claim any longer as the limitation period has expired. Your next step, without a doubt, should be to consult with you own lawyer do this bullying stops.
Customer: replied 1 year ago.
I am going to send him an email informing him he has 30 to get out and will pay him for renovations made to the home. So to clarify .. even though the house was once under both our names, but since Nov. 2013 it has been solely under mine deed/mortgage he has no claim except reno costs? He keeps saying the house is worth more money than when we first had a mortgage together and his lawyer says he is entitled to half the profits. I am a bit worried about what he might do. How do I protect myself from that? I appreciate your patience in answering my questions. Im so worried about repercussions and want to make sure when I email him I know what I am talking about
Expert:  Debra replied 1 year ago.
It is in advisable for you to send that email. You are not a lawyer and it sounds like he has a lawyer. It is my very strong suggestion to you that you pay a lawyer to send a letter to him. It should not be by email and it should not come from you.He cannot make a claim to anything that went on before he did the renovations because his claim for any past interest is too late. His claim has run out because of the limitation period.It may be that your house has increased in value because of the renovation. But that doesn't mean he shares in the increase in value of that property. It's not his property and he has no claim to it. He gets paid for the work he's done.You are not in a common-law relationship, he is not your spouse, so he doesn't get anything more than anyone else who was hired to do a renovation would get. Does a contractor get an interest in your house?Please see a lawyer face-to-face. It is very important.
Customer: replied 1 year ago.
Ok your right. Thank you. As for him having a lawyer that I doubt. He is broke and in bankruptcy. I will go seek counsel to prepare letter.
Expert:  Debra replied 1 year ago.
Please be sure to come back to the site to let me know how it goes. I really want to hear what happens. The post will not lock after you ratevme so you can always come back at any time.
Expert:  Debra replied 1 year ago.

Is there anything more I can help you with at this point in time?

Customer: replied 1 year ago.
Hello, i have been trying to seek counsel and everyone is telling me that i need to see a paralegal as it is a tenant landlord issue. I have asked him to leave within 30 days he states he is not going anywhere. He still has not paid me. He actually told me to leave. I am getting nervous in my own home. He now dits in the livingroom and watches tv while I stay in my room. The television services i pay for and everything else. I dpole with one lawyer you told me its difficult to remove him and thats when I was referred to a paralegal. I am so confused as what you told me was encouraging but i am hearing different
Expert:  Debra replied 1 year ago.

Whomever is telling you this is not correct, not in the least.

It is not a landlord tenant issue.

You need to see a family lawyer. I am a senior family lawyer and we deal with common law spouses all the time. We deal with issues like this all the time.

Customer: replied 1 year ago.
Wow can i hire you. Just got off phone had another conference call. Family law lawyer stated I need to get a seperation agreement. I told him that Mark will not go to a lawyer or seek counsel so no point in that. He then ssid for me to put in writing to have him leave by a certain date and if not remove his belongings. I do not onow whete to turn to anymore. I am getting more nervous coming home
Expert:  Debra replied 1 year ago.

If you cannot get an agreement then you may need to get a court order.

You cannot hire me but it sounds like you found a good lawyer that you can retain.

So see what happens and if he won't leave then retain this lawyer for you as there are more issues than just getting him out. And that in mainly why you need a family lawyer. He wants an interest in the home.

Customer: replied 1 year ago.
Saw Lawyer, stated tough situation to get him out., best to sell. Im so disheartened . I walked out. So my question to you is I am going to sell I cant go through this abuse from him any longer. So when I sell what do I exactly have to pay to him to be fair. The home was rent to own for 18 months then we got a mortgage under both our names for a year then I took sole responsibility after the one year. Thank tou again
Expert:  Debra replied 1 year ago.

Are you seeing experienced lawyers or new lawyers that are not as expensive?

It is not correct that you have to sell to get him out.

In fact, that is nonsense.

And it will be hard to sell if he is not co-operating and refusing to move out.

Please see a family lawyer with some experience, at least for an initial consultation.

As I've said I don't see he is entitled to anything at all.

Expert:  Debra replied 1 year ago.

Is there anything more I can help you with at this point in time?