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What does she owe her common-law deadbeat?

My sister has asked her common law spouse of 8 years to move out. He doesn't want to. She keeps reiterating the relationship is over, she wants him to move out.

He hasn't worked for most of the relationship, he gets jobs frequently, but gets fired soon after.

They live in the house she just bought, entirely in her name, no equity in the house yet, but she's fine if he takes every single bit of furniture.

They have 30K worth of bank debt from the course of their relationship, all in her name.

They've never filed tax returns as a couple. They live in Ontario Canada.

Does anyone know from a similar situation what it takes to evict him? Does she have to give him notice? He has a violent history with her, though he hasn't hit her in years, and when she asked him to move out, he threw electronics around the house.

Update:

A split of assets & debts might do her better.... the bank owns the house entirely, there's not a cent of equity in it, they have no assets... but he'd be stuck splitting the 30K of debt.

He can keep the better car... but he can't afford the payment on it anyways, so it'll be reposessed.

5 Answers

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  • 1 decade ago
    Favorite Answer

    She can get a notice of eviction, but she might have to prove that he is an unwanted tenant... hard to do without a lease agreement, but not impossible. A lot of people rent out space in their homes "the old fashioned way" with a handshake.

    She will also need a restraining order, but the police must be made aware of the violent past, otherwise they won't give her one.

    She also needs to change the locks the second he's gone and get an alarm system installed in the house. Restraining orders are not magic spells and he will probably try to come back. She needs to keep him out and protect herself and if she can't get to a phone, a monitored alarm system will call the police for her.

    Someone (probably you and other relatives) need to be there when this is happening, even downstairs or just outside so they have privacy, but still in earshot in case she screams and needs help.

  • 1 decade ago

    Not sure what the law's are in Canada, but in the U.S. in some states with a relationship of such duration it may require an actual divorce proceeding with a division of the debts and property.

    Sounds crazy i know but common law after a certain time period makes it a marriage that requires an actual divorce in some locations around the world.

  • 1 decade ago

    File notices to evict and get a restraing order against him to where he can't come home...Call police to let them know of the violent nature. Good Luck.

  • 1 decade ago

    Depends on the canadian law,in australia he would be entitled to a share of everything,house and all

    better get legal advise

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  • Anonymous
    1 decade ago

    He's gotta leave the house sooner or later for whatever various reasons they may be. When he does, she needs to rush to change the locks and sling his **** outside.

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