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I am in a 6 year common law relationship in .c. and 3 years…

Customer Question
Hello , I am...

Hello , I am in a 6 year common law relationship in b.c. and 3 years ago we bought a house she is demanding I go live in a motel and rent storage. Does she have this legal right to kick me out and then list the house ?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

British Columbia provence

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am trying to find out whether I should or not

Submitted: 9 months ago.Category: Canada Law
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Answered in 1 minute by:
9/15/2017
Lawyer: Ulysses101, Lawyer replied 9 months ago
Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3,735
Experience: 11 years experience in Canada family law, plus criminal, civil, and employment
Verified

Hello, thank you for the question.

So just to clarify, you're not legally married, but you have been living together for (about) six years, the last three in this house.

Who is on title to the home?

Is there a mortgage? Who is on that?

Do you have a cohabitation agreement or something similar? Few people do but I have to ask.

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Customer reply replied 9 months ago
the house is in her name is ***** ***** am asking
Customer reply replied 9 months ago
but I have spent thousands on remodeling as it was unlivable and I had to gut the place and remodel
Customer reply replied 9 months ago
no agreement
Lawyer: Ulysses101, Lawyer replied 9 months ago

OK, common law couples in BC get essentially the same rights to property and debt division as legally married couples. You've been together for six years and three in this home, so you're common law.

This means that you're entitled to half of the share of the equity in property you acquired while together. And how the home gets divided, whether 50/50 or something else, will depend on factors like how long you've been together and who paid for what and when. For instance, even if she paid the mortgage but you put thousands of dollars worth of labour and maintenance and upkeep into the home, you're still get credit for that.

So even if you do leave you're not abandoning the property. If she's solely on title she can list it, but before any sale closes she'll have to disclose that you're entitled to a share of the home. Even if she finagles the paperwork and lists and sells the home then she still owes you her share.

So, your equity in the home is protected by law. But can she throw you out? Technically yes, since she's solely on title. If she throws you out and changes the locks and you call the police, they'll say "you're not on title and you're not married, so take it up in family court". Which isn't what they should say but the police aren't family lawyers and they just want to keep the peace and get on with whatever they were doing before you called.

She shouldn't throw you out but there's nothing stopping her. That's the best way of summarizing it. If things are hostile, you probably want to leave anyway before things get wrecked or the police called and people charged. It's a different story if there are children of course, that's a different issue. You could leave and go to court right away for an injunction that she not list the home for sale, and preserve the matrimonial assets. That sort of thing happens all the time. You could even ask for an order for possession of the home, but unless you're going to be in a position to buy out her share to get it yourself, it makes little sense to get a temporary possession order. Clearly you're going to need a lawyer to help you sort all of this out.

She could also put all your stuff out on the curb the next day. But that's unreasonable, and if any of your stuff got taken or damaged the court would hold her accountable for the lost value.

If you do leave, take with you your ID, tax documents, your will, bank statements, small valuables, whatever is quick to grab and papers that aren't easily replaced. Then change your passwords and PINs on your emails, phones, social media sites, bank accounts and credit cards, right away.

Does that make sense? I'm here if you have further question or comment. If I've answered you and given you a place to start then I'd appreciate a positive service rating please. Ratings are how I get paid by the site for helping its customers.

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Lawyer: Ulysses101, Lawyer replied 9 months ago

I know that I wrote a lot there but it's not an easy situation to unravel. Did I help with what I wrote?

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Customer reply replied 9 months ago
Thank-You
Lawyer: Ulysses101, Lawyer replied 9 months ago

You're welcome. You can come back for follow up questions or comments, the thread will stay open. But for now I hope that you'll give me that rating.

Ulysses

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Lawyer: Ulysses101, Lawyer replied 8 months ago

Are you getting the property division issues sorted out?

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