Gavin Howe
In most cases, a common-law partner cannot kick the other out of their shared home, as common-law couples do not have equal rights to possess a matrimonial home. However, if the common-law partner owns the home, they may have the legal right to evict their partner, but this is generally not recommended as it may negatively impact spousal support claims and court decisions. In cases of abuse or financial instability, it is especially advised against. While there is a common-law requirement to provide reasonable notice, typically 30 days, before kicking out a roommate or occupant, seeking legal advice is crucial to understanding one's rights and obligations during a common-law separation.
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What You'll Learn
- If you own the home, you can kick them out, but it's not recommended
- If you don't own the home, you can be kicked out, but you may be entitled to spousal support
- Common-law couples do not have a matrimonial home
- Common-law partners are entitled to spousal support
- If you're abused by your common-law partner, you can kick them out without notice
If you own the home, you can kick them out, but it's not recommended
In the case of common-law relationships, the issue of the matrimonial home is complex. Unlike married couples, common-law partners do not have equal rights to possess the matrimonial home in the event of a separation. The home belongs to the person who purchased it and whose name is on the title or lease.
If you own the home, you have the legal right to kick out your common-law partner. However, it is not recommended unless you are afraid for your safety. Courts generally frown upon such actions, particularly if your partner is in a less financially stable position. If your partner applies for spousal support, your conduct regarding the home may influence the court's decision.
Spousal support is a significant concern during a common-law separation. Common-law partners are entitled to spousal support when the relationship ends, and the calculation is generally the same as for married couples. However, determining who owns what and how assets will be divided can be challenging. Common-law partners do not have a matrimonial home, so if the house is in your name, it is solely yours.
While you can legally evict your partner, it is advisable to seek independent legal advice and have a separation agreement reviewed by a family lawyer. This ensures that your rights are protected and that the agreement is fair to both parties. A non-owner common-law partner may also claim partial ownership of the home after 21 years, which could impact their ability to stay in the house.
Additionally, if you are concerned about the fallout of your breakup and need to kick out your partner, it is essential to discuss this with a lawyer to ensure everything is done properly and above board.
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If you don't own the home, you can be kicked out, but you may be entitled to spousal support
In the case of common-law relationships, the non-owner partner can be forced to leave the residence if they do not own or are not entitled to the property. However, this does not mean that they cannot make a claim for financial compensation or spousal support. If the non-owner has lived in the home for a long time, they may have gained some entitlement to the property, and a court may be quick to award spousal support to ensure the non-owner's lifestyle does not change drastically.
In Ontario, for example, common-law status does not grant partners any additional rights to each other's property. Even a restraining order may not permit the non-owner to kick out the owning spouse. However, the owner can still apply to the Landlord and Tenant Board to have the non-owning partner removed.
It is important to note that laws vary by location, and each case is unique. While a common-law partner can be kicked out if they don't own the home, they may still have certain entitlements and should consult a lawyer to understand their specific rights and options.
Additionally, the non-owner partner may be considered a tenant, depending on the state's laws, and formal eviction procedures may need to be followed. In any case, the non-owner should be in a position to secure alternative accommodations and may be entitled to spousal support to maintain their previous standard of living.
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Common-law couples do not have a matrimonial home
In Ontario, common-law couples do not have a matrimonial home. This means that if the house you are living in with your partner is in your name, then it is solely yours. So, yes, you can technically evict your partner, but it is not recommended. The court will not take this action kindly, and such a harsh move will not be viewed favourably during the case.
If you are renting, and your partner contributes financially in a way that could be perceived as paying rent, you can cover your bases by issuing written notice to quit - reasonable notice in this situation is usually one rental period (30 days). If you are being abused, giving no notice at all could be reasonable. A lawyer could still be helpful for dealing with other potential implications (e.g. spousal support), but there is nothing stopping you from kicking him out of a rental that they have no legal right to occupy.
If your common-law partner owns the home, you may be able to claim to be a part owner of the home after 21 years. If a court finds that you are a part owner, you could get an order permitting you to stay in the house, at least until it is sold.
It is important to understand that common-law marriage is different from a traditional marriage. Common-law couples do not have equal rights to possess the matrimonial home in the event of a separation. It is divided just like any other property, as the home belongs to the person who purchased it and whose name is on the title or lease.
If you are in a common-law marriage and need to kick out your partner, this is something that can be discussed with your lawyer or attorney to make sure that you do everything above board.
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Common-law partners are entitled to spousal support
In Ontario, common-law spouses have the same rights to spousal support as married couples. However, this is conditional on them having lived together for at least three years or having a child together and living together in a relationship of some permanence.
The Court will consider whether one spouse requires financial support and whether the other has the means to provide it. If both spouses are employed and earn similar incomes, the Court will generally not order spousal support.
Spousal support is calculated in the same way as for married couples, although married couples would claim support under the Divorce Act. If one common-law spouse kicks out the other, the "kicked-out" spouse should be able to secure alternative accommodation. If the "kicked-out" spouse is cut off from accessing money they need, a court may award spousal support, and the amount could be substantial to ensure the spouse's lifestyle does not change.
It is important to note that common-law partners do not have a matrimonial home, so if the home is in one partner's name, they can legally evict the other, but this is generally not recommended as courts may not view this favourably.
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If you're abused by your common-law partner, you can kick them out without notice
If you are in a common-law relationship and are experiencing abuse, you are protected by the law. You can seek legal assistance and learn about your rights and available legal protections. You are not alone, and you can get the help and protection you need. If you are in immediate danger, call 911. If it is after business hours, the police can help you obtain an emergency restraining order. If you are not in immediate danger, you can go to the courthouse directly and seek a restraining order.
In terms of your living situation, if you live with your common-law partner, you have the right to occupy the residence, even if your name is not on the mortgage, lease, or title. Your partner cannot legally kick you out, and if they threaten to do so, you can ask the court for a restraining order to keep them away from you and your children and require them to continue paying their share of the bills. You will need to prove that you live in the home with mail addressed to you or evidence that you have paid utility bills.
If your common-law partner owns the home and you are afraid for your safety, you can still utilize the protections of a restraining order. However, a restraining order may not prevent the owner from making an application to the Landlord and Tenant Board to have you removed. In such cases, it is recommended to speak with a family lawyer to understand your rights and options.
Remember, threatening to kick someone out can be considered abusive behavior, especially if it is used to control or manipulate the other person, causes emotional distress, or leads to an unsafe environment. Do not hesitate to seek help and stand up against abuse.
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Frequently asked questions
Yes, if your name is not on the title or lease, your partner can legally evict you. However, unless you are a danger to them, it is not recommended, as courts generally do not look kindly on this action.
If you have contributed to your partner's property, you may have a right to part of it. You will have to prove your entitlement, and a court may need to decide on the matter.
No, your partner cannot legally kick you out if you are on the lease, even if they own the home.
No, if you are experiencing abuse, giving no notice at all and leaving for your safety could be considered reasonable.
If your partner kicks you out, you should be able to secure alternative accommodation. You may also be entitled to spousal support, especially if your partner cuts off access to money that you need.
