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Property Issues during seperation

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Anonymous Asked:

I've been seperated from my ex since Jan 2013. He has been living in our home, I moved out Jan 2013. When I moved out, he decided to have his friend and the friends girlfriend move into the basement apt of the home. As they were friends he didn't do any lease agreement or any type of formal agreement. They pay him weekly (Basically whenever they can) We are now placing the home for sale and I've given them a letter with 60 days notice to leave the property. They are refusing to sign. It's may be worth mentioning that the property is in my name only and I never agreed to them living their and haven't rec'd any type of rent for them living there. Do I need to follow the landlord/tenant act, are they tenants? I feel their more in line with boarders. Or even going a little further squatters/trespassers. Their living there without my consent (The owners consent) Please help. I need to know I can sell without any issues.

Expert Comment:

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A Family Lawyer
6 years ago

You have a few options. First, you need to address whether getting the ex out of the home is going to become an issue. You are likely going to take a step or do something adverse toward his friends and so you want to consider what fall out there may be after you do so. Your ex has rights to be in the home only if you were married. If it is not a matrimonial home then the ex has no rights of possession. If the ex does have rights of possession those rights are personal against you. Your ex's friends have no rights to the home. One option is to enter and take possession of the home when they have left and change the locks and place their belongings outside of the home or in the garage. If that is more aggressive than what you would prefer to do, then contact the police to ask for assistance when you attend at the property. If you are told it is a civil matter then proceed through the landlord/tenant tribunal. As you are detailing a legal process I strongly suggest you consult with a lawyer of your choosing.

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