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Renting a matrimonial home, Now getting separated. Thoughts?

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  • Feb 18th, 2020 3:27 am
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[OP]
Newbie
Jan 13, 2020
7 posts

Renting a matrimonial home, Now getting separated. Thoughts?

Situation:

A friend has been married for 1 year, lived with his spouse for 2 years before that. They have no children together.

They are now separated but still live together as his spouse refuses to move out, and will not sign a fair sep agreement.

The husband has always paid all the rent and household expenses.

The husband is the only person on the lease.

The husband earns 2.5:1 what the wife earns.

Question:

Since they are now calling themselves separated and have every intention of moving to divorce, is the wife obligated to share in the monthly rent expense and common household expenses as they are now living like roommates?

Does the husband have any legal right to remove his spouse from the home if she refuses to pay her fair share of rent and expenses?

How can the husband legally remove his spouse from the residence if the wife refuses to make a deal?

I have told him to simply walk away from the lease after giving his 60 days notice, but he would like to remain in the rented house.
34 replies
Deal Expert
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Apr 16, 2001
15275 posts
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Oshawa
Lawyer. This isn't going to be pretty.
Whenever someone asks a question that starts with "Why do they..." or "Why don't they...", the answer is always a) money, b) stupidity, or c) both.
Deal Fanatic
May 9, 2007
7218 posts
1909 upvotes
Vancouver Island, BC
Excelmintz wrote: I have told him to simply walk away from the lease after giving his 60 days notice, but he would like to remain in the rented house.
I think your advice is the advice I would give.

He might want to remain in the house, but is it worth it?
"It is difficult to get a man to understand something when his salary depends on his not understanding it." Upton Sinclair

“Our house is on fire.” Greta Thunberg
Deal Guru
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Jun 27, 2004
11960 posts
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Vancouver.bc.ca
Tell him to keep a record/receipts of all the living expenses that he pays 100% for because he's going to be want to bring that up during settlement discussions.
Deal Fanatic
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Jun 1, 2006
6485 posts
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Toronto
Husband should give his 60 days notice to vacate the place, inform the wife, find a new place to live by himself, and try to get away of that toxic environment
I swear to drunk I'm not God 😝
Deal Expert
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May 10, 2005
34094 posts
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JAC wrote: Lawyer. This isn't going to be pretty.
Yup.
The Government cannot give to anybody anything that the Government does not first take from somebody else.
Deal Addict
Sep 21, 2011
1561 posts
359 upvotes
I know a lot of people these days at my work that are separated but remain in the same house ( some still get in shit when the bring their gf home lol) but gone are the days where you and your wife split, you go get a semi detached and she gets one to and lives goes on, now it’s separate both parties live on couches at their friends houses lol, it really is cheaper to keep her these day !!!
Member
Dec 28, 2019
387 posts
222 upvotes
Sepatated, live in the same house, but no lease, no rental agreement?

Call the cops and she is out in 5 mins.
Banned
May 9, 2018
287 posts
113 upvotes
Ahahahahaha...a typical case of "I love you" from a calculating person to a gullible guy who just wanted to get laid and got fooled. On the bright side, there are no kids involved, on the no so good side, he paid all the rent and earns more than she does. I mean this is a typical case in most relationships out there, and the high earners fail to see it, and dig their own hole.

OP.....your buddy will be right in changing the locks because the place is in his name. No kids makes the case easier. She will be told she can go to a friends or her parents.

Huge lesson to be learned here for those blinded by love / sex. This is the worst time to get involved with someone with Valentines around the corner.
Deal Fanatic
May 9, 2007
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Sgtalpowell wrote: Sepatated, live in the same house, but no lease, no rental agreement?

Call the cops and she is out in 5 mins.
What criminal offence charge do you think the police would use to effect a removal? There is no separation agreement. She is not trespassing; she is living in the matrimonial house as he is.
"It is difficult to get a man to understand something when his salary depends on his not understanding it." Upton Sinclair

“Our house is on fire.” Greta Thunberg
Deal Guru
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Mar 31, 2008
10885 posts
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Toronto
If they're 'separated', they're not divorced. He's got no grounds to 'kick' her out, as any arbiter will see her as a legal occupant regardless of the lease.

Better get on with the divorce process officially with lawyer. Because the longer he stays married, the longer the spousal support (% of salary difference x years living together and married). During the settlement process, she's going to try to stay living there, just to 'piss' him off. He's going to be obligated to give her maybe $600 a month.

Either way, he'd better be ready to 'give' up the place.
Member
Dec 28, 2019
387 posts
222 upvotes
MexiCanuck wrote: What criminal offence charge do you think the police would use to effect a removal? There is no separation agreement. She is not trespassing; she is living in the matrimonial house as he is.
https://www.separation.ca/help-centre/d ... nial-home/

In reality, most people don't know the law. She doesn't know her rights.

Seriously, just make some excuses like violence, an intolerable living situation or whatever. I have seen this all the time on Judge Judy with people trying to evict someone illegally, and the cops were more than happy to oblige. (The police will usually coerce you to give false statements, such as "what, did she hit you?", "she threatened you with a knife?", "she did what? She broke your iPhone?")

AS SEEN ON TV
Deal Fanatic
May 9, 2007
7218 posts
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Vancouver Island, BC
Sgtalpowell wrote: https://www.separation.ca/help-centre/d ... nial-home/

In reality, most people don't know the law. She doesn't know her rights.

Seriously, just make some excuses like violence, an intolerable living situation or whatever. I have seen this all the time on Judge Judy with people trying to evict someone illegally, and the cops were more than happy to oblige. (The police will usually coerce you to give false statements, such as "what, did she hit you?", "she threatened you with a knife?", "she did what? She broke your iPhone?")

AS SEEN ON TV
Ah yes, Judge Judy, an American sit-com judge dealing with small claims matters as a reliable source for information about Canadian family law. Face With Tears Of Joy

The link you provided related to division of assets. In the situation described there is no asset. There is occupancy of a rental property. Even at that consider from your link,
Ownership of the home is not related to the right to possess it. Section 29(1) of the FLA states that both spouses have an equal right to possession of the matrimonial home. Where the home is owned by one of the spouses, the second spouse’s right of possession is a personal right against the first spouse, and lasts for the duration of the marriage. A court order or separation agreement can extend that right.
I don’t think “make some excuses like violence” is good advice. Lying about the dynamics of the relationship would not likely go over well in negotiations or adjudication of a separation or divorce. It might also result in charges being laid against someone and the possibility of a subsequent civil suit.

Far better to be a stand up person, take lumps now, and get on with life.
"It is difficult to get a man to understand something when his salary depends on his not understanding it." Upton Sinclair

“Our house is on fire.” Greta Thunberg
Deal Fanatic
Sep 16, 2004
8550 posts
1437 upvotes
Toronto
Time for husband to move.
He'll probably still be ordered by the courts to pay for a place for her to live if she cannot afford one until their divorce is final.
This move may give some permanence to the separation though and hasten that path to divorce.
Sr. Member
Apr 15, 2014
751 posts
707 upvotes
Toronto, ON
Him moving would be the most simplistic way to deal with this.
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