If you are the sole owner of a home in Ontario and you are not married, your common-law partner has no automatic right to stay in the property after a breakup. If you revoke their permission to be there and they refuse to leave, they can legally be considered a trespasser under the Trespass to Property Act, and you can involve the police.
Breakups are deeply stressful, and the tension only escalates when one partner refuses to pack their bags and leave. 🏠 In Ontario, the law heavily favours the person whose name is on the title of the home when a common-law relationship ends. Unlike married couples, who share an equal right to stay in the “matrimonial home” regardless of ownership, unmarried partners do not have this protection under the Family Law Act.
If you own your home in Toronto, Mississauga, or anywhere else in the province, your ex-partner is essentially living there with your permission as a guest or a licensee. Once the relationship is over and you ask them to leave, that permission is revoked. If they dig their heels in, you may have to rely on the Trespass to Property Act to remove them. Here is how the process generally works.
Step-by-Step Process to Remove an Ex-Partner in Ontario
Navigating an eviction of a former partner requires caution, especially if emotions are running high. 👮 Whether you live in a condo in downtown Ottawa or a house in suburban Brampton, safety and proper documentation should be your top priorities.
Step 1: Confirm Your Status as the Sole Homeowner
Before taking any action, ensure that you are the sole legal owner of the property or the sole tenant on the lease. If your ex-partner’s name is on the deed or the rental agreement, you cannot simply kick them out. They have as much right to be there as you do, and you will need to negotiate a buyout, terminate the lease, or seek a court order to resolve the issue.
Step 2: Provide Clear, Written Notice to Leave
Do not rely on a heated verbal argument to serve as an eviction notice. 📄 Provide your ex with a formal, written notice stating that the relationship has ended and they must vacate the property by a specific, reasonable date (for example, 30 days). Keep a copy of this notice. This document proves to law enforcement or a judge that you have officially withdrawn your consent for them to live there.
Step 3: Contact Local Police Under the Trespass to Property Act
If the deadline passes and they refuse to leave, they are technically trespassing. At this stage, you can call your local police service non-emergency line. Explain that you are the sole owner, your common-law relationship has ended, and your ex is now trespassing under the Trespass to Property Act. It is highly recommended to have your property deed, the written notice, and identification ready to show the officers.
Step 4: Seek a Court Order (If the Police Decline to Act)
Sometimes, police are hesitant to intervene in domestic disputes and might tell you it is a “civil matter.” 🕐 If this happens, you will need to hire a family law lawyer to file an urgent application in the Superior Court of Justice. You would seek an order to vacate or a writ of possession, forcing the ex-partner to leave the property under the threat of legal enforcement.
How Much Does it Cost to Legally Remove an Ex-Partner?
The cost of removing a stubbornly entrenched ex-partner depends on whether they leave peacefully after notice or if you have to go to court in Ontario.
| Action / Legal Service | Estimated Cost (CAD) | Details |
|---|---|---|
| Police Intervention | $0 | Police assistance under the Trespass to Property Act is free, though they may decline to physically remove the person without a court order. |
| Lawyer Drafting a Notice Letter | $300 – $800 | Having a law firm draft a formal demand letter often shows the ex-partner you are serious. |
| Court Application for an Order to Vacate or Writ of Possession | $214 (Filing Fee) + $3,000+ (Lawyer Fees) | If you must go to the Superior Court of Justice, expect to pay substantial legal fees to prepare the motion. |
How Long Does the Process Take?
Giving reasonable notice usually means allowing the person 30 to 60 days to find a new place to live, especially in tough rental markets like Toronto or Hamilton. 📍 If you have to apply to the Superior Court of Justice for an order, securing a court date for a motion could take several weeks or even a few months, depending on the urgency and court availability. If there is a history of domestic violence, courts can expedite the process significantly.
Frequently Asked Questions (FAQ)
Can I just change the locks while they are at work?
While legally you own the home, changing the locks without notice can escalate the situation and may lead to domestic disputes. It is always safer and more legally sound to provide reasonable written notice and use proper channels.
What if my ex-partner claims they are a tenant?
In Ontario, if a person shares a kitchen or bathroom with the owner of the property, they are not covered by the Residential Tenancies Act. Therefore, they cannot claim the rights of a formal tenant to delay eviction.
Do we have a matrimonial home if we lived together for 10 years?
No. In Ontario, the concept of a “matrimonial home” with equal possession rights strictly applies to legally married couples. Common-law partners do not have this right, regardless of how long they lived together.
What if my ex-partner refuses to leave because we have children?
If you share children, the situation is much more complex. Courts prioritize the best interests of the child. You may need to address parenting time and child support simultaneously through a family law lawyer before making rash eviction moves.
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