I am in a same sex relationship. I moved in over two years ago with my partner. We have been together for four years. I gave all my furniture away and am in debt that's a lot to him. I pay half the rent. We have been arguing lately and I have been considering leaving him. He said when I moved in if we broke up that I could have six months to move out but don't trust him. My name is on the lease as a resident of the apartment but not as a lease holder. He says that means he can throw me out in 30 days. We also got into an argument about me not getting to use 50percent of the space and he says he doesn't have to as he gets to set the rules as I am his tenant. Is this true? Do I not have any rights being the common law partner to keep me from one day possibly being thrown out whenever he wishes. I live in Toronto Canada

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Originally Posted by thebigbearman

... My name is on the lease as a resident of the apartment but not as a lease holder. He says that means he can throw me out in 30 days. ...

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That would be generally correct. You are a "tenancy-at-will" sub-tenant of your partner. If the law there is similar to what it is in the 'states, and I have no reason to suspect that it isn't, he can do that.

Then why bother putting me on the lease.. I gave up all my furniture. Does common law give me any rights?

The landlord may have required listing all residents, but if you are not a leaseholder, then the leaseholder is YOUR landlord.

Canada does recognize common law marriages and a recent Supreme court ruling applies them to same sex relationships. However, in Ontario you have to co habitate for at least three years to qualify.

So what would change after the three year period.

If he tries to evict you (and he would have to legally evict) you could claim marital status, which could prevent him from evicting you from the marital home and force him to dissolve the partnership.