HUSBAND

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Our house is in both our names I want her to leave do I have a legal right to do that provided I make sure she has somewhere to live

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Lorrie Stojni, BA, MA, LLB

11 years ago

There is no easy answer to this question

1. Are you married? If so, this is a matrimonial home and both parties are legally entitled to be in the home. You cannot force her to leave.

2. If you are not legally married, but living common law, and you both own the home, you cannot force her to leave as she is a registered owner of part of the house.

In both situations, she needs to be paid her value of the equity in the home. You should consult with legal counsel regarding your options for resolution.

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