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How To Evict A Common-Law Partner In Ontario: A Step-By-Step Guide

LAWYER EXPLAINS COMMON LAW RELATIONSHIPS & HOME OWNERSHIP IN ONTARIO

How To Evict A Common-Law Partner In Ontario: A Step-By-Step Guide

Lawyer Explains Common Law Relationships \U0026 Home Ownership In Ontario

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Can I Kick My Common Law Partner Out Of My House In Ontario?

In Ontario, the ownership of a home in a common-law relationship is determined by the individual whose name appears on the title deed or lease agreement, if the home is rented. This means that if you are the sole owner of your home, you do possess a legal entitlement to request your common-law partner to vacate the premises should your relationship encounter difficulties and break down. This rule is applicable whether you own or rent the property, with the legal framework designed to protect the property rights of the registered owner or lessee in such situations.

What Happens If You Break Up With Your Common Law Partner?

What occurs in the event of a breakup with your common-law partner? Unlike married couples, common-law partnerships do not require a formal court decision to establish their separation. In these relationships, you can address all the arising matters associated with a breakup without the necessity of court involvement. However, it is often advisable to seek the assistance of a lawyer or notary to ensure that the separation process is legally sound and to receive expert guidance in navigating any potential complexities. This legal support can prove particularly valuable in addressing property division, custody arrangements, and financial matters.

Summary 36 How do you evict a common-law partner in Ontario

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LAWYER EXPLAINS COMMON LAW RELATIONSHIPS & HOME OWNERSHIP IN ONTARIO
LAWYER EXPLAINS COMMON LAW RELATIONSHIPS & HOME OWNERSHIP IN ONTARIO

Ontario law does not recognize matrimonial homes for common law couples. As such, the sole owner is free to do as she wishes with her property, and may evict the other spouse or sell the home as she pleases. A non-title spouse who refuses to leave may be liable for trespassing.Like any other property in a common-law relationship, the home belongs to the person who purchased it and whose name is on the title (or lease, if the home is rented). If you own your home, you do have a legal right to kick your common-law partner out of it if your relationship breaks down.Unlike married couples, common-law couples don’t need a court decision to make their separation official. You can settle all the issues that arise when you break up without going to court. But sometimes it’s a good idea to have a lawyer or notary help you.

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