Common Law

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I've been in a Common Law relationship in the past 3 years. This relationship has dissolved and we both have separate lives. But, we both still live under the same address, as he refuses to move out. We have a child together. I can't file my income tax as separated with the same address... pls advise how to proceed.

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Andrew J. Kania, LL.B., LL.M.

10 years ago

Answer: The answer to your question depends on who owns the home. If it is jointly owned then there either has to be a “buy out” or the home must be sold. If necessary, we can seek a Judge’s Order for the sale of the home, under the Partition Act. If the home is only in the name of one of you, then it becomes more complicated, and we would need the exact facts to comment further. However, either way, we can solve the problem.

(The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Douglas Briand for a free consultation).

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