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    Chickfillet's Avatar
    Chickfillet Posts: 5, Reputation: 1
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    #1

    Aug 31, 2012, 10:51 AM
    Common-law separation
    Hello, I'm currently living with my father and his common law spouse for roughly ten years. Recently there has been a lot of disagreements and fighting. Im in my early twenties and have a room in the basement. I pay for room and board but its not official strickly off the books. Both my father and the common law are on the deed and she has recently served me with a eviction letter from her lawyer for ten days notice. Just curious what my rights are here. Is this possible? Thanks for any help. Ontario canada
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Aug 31, 2012, 11:56 AM
    Quote Originally Posted by Chickfillet View Post
    Hello, im currently living with my father and his common law spouse for roughly ten years. Recently there has been alot of disagreements and fighting. Im in my early twenties and have a room in the basement. I pay for room and board but its not official strickly off the books. Both my father and the common law are on the deed and she has recently served me with a eviction letter from her lawyer for ten days notice. Just curious what my rights are here. Is this possible? Thanks for any help. Ontario canada

    Eviction is possible in Ontario for a number of reasons - what reason were you given?

    I don't know what "strictly off the books" means. If it's an illegal room and you know it's illegal (and pay off the books) you can be evicted with no prior notice.

    Both your father and his wife own the property. Either or both can order you out.

    What type of help are you seeking? Do you want to stay? Do you want something else? Your title is "common law separation." What is the question?
    Chickfillet's Avatar
    Chickfillet Posts: 5, Reputation: 1
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    #3

    Aug 31, 2012, 12:17 PM
    Quote Originally Posted by JudyKayTee View Post
    Eviction is possible in Ontario for a number of reasons - what reason were you given?

    I don't know what "strictly off the books" means. If it's an illegal room and you know it's illegal (and pay off the books) you can be evicted with no prior notice.

    Both your father and his wife own the property. Either or both can order you out.

    What type of help are you seeking? Do you want to stay? Do you want something else?
    I was given the reasons of safety and noise. I pay too live there, but I don't collect receipts. Ive lives there the whole time they have, and started paying to live there when I finished school and got a full time job. Do both need to agree to this? Cause I don't have anywhere else to go if evicted so I don't have a choice but to stay there.
    Chickfillet's Avatar
    Chickfillet Posts: 5, Reputation: 1
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    #4

    Aug 31, 2012, 12:19 PM
    Quote Originally Posted by Chickfillet View Post
    I was given the reasons of safety and noise. I pay too live there, but i dont collect receipts. Ive lives there the whole time they have, and started paying to live there when i finished school and got a full time job. Do both need to agree to this? Cause i dont have anywhere else to go if evicted so i dont have a choice but to stay there.
    I guess my question would be is this legal? Is she in her right? My father is not married to her. Im just trying to find out my rights.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Aug 31, 2012, 12:20 PM
    Quote Originally Posted by Chickfillet View Post
    I guess my question would be is this legal? Is she in her right? My father is not married to her. Im just trying to find out my rights.
    Either or both can evict you.

    How does a separation play into this?

    Ontario law does recognize common law marriage.
    Chickfillet's Avatar
    Chickfillet Posts: 5, Reputation: 1
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    #6

    Aug 31, 2012, 12:26 PM
    Quote Originally Posted by JudyKayTee View Post
    Either or both can evict you.

    How does a separation play into this?

    Ontario law does recognize common law marriage.
    There in the process of separation by going through th courts. She filed an eviction of the both of us with 39 days earlier this summer but it never went through.
    Chickfillet's Avatar
    Chickfillet Posts: 5, Reputation: 1
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    #7

    Aug 31, 2012, 12:28 PM
    Quote Originally Posted by Chickfillet View Post
    There in the process of seperation by going through th courts. She filed an eviction of the both of us with 39 days earlier this summer but it never went through.
    So basically there's nothing that I can do to prevent this? And I get kicked out with no say from the ither person who owns half of the house?

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