In Ontario, a non-titled common-law partner has no automatic right to stay in your home after a breakup. The Landlord and Tenant Board does not apply. You must give them “reasonable notice” to leave, and you may need a Superior Court order if they refuse.
Ending a relationship is an incredibly emotional experience. When you own the home and your common-law partner refuses to move out, the situation can quickly turn hostile. Many property owners in Toronto, Brampton, and Windsor mistakenly believe they have to file an eviction notice with the Landlord and Tenant Board (LTB). This is a critical error.
Under Ontario law, if you share a kitchen or bathroom with the person, the Residential Tenancies Act generally does not apply. 📝 Furthermore, under the Family Law Act, unmarried partners do not have an equal right to possession of the “matrimonial home” like married couples do. If your name is the only one on the deed, it is your house. If you are struggling to remove an ex-partner safely, we strongly suggest hiring a local family lawyer from our directory to guide you through the process.
Step-by-Step Process for Removing a Common-Law Partner in Ontario
Evicting an ex-partner is a delicate mix of property law and family law. You must protect your property rights without violating criminal laws or escalating the conflict. Here is the standard legal process.
Step 1: Confirming Property Ownership and Jurisdiction
First, verify that only your name is on the land registry title. 🔍 If your partner is on the title, you cannot simply evict them; you must negotiate a buyout or force a sale. If you are the sole owner, confirm that the LTB does not apply. Since you lived together as a couple and shared living spaces, they are considered a “licensee” or a guest, not a legal tenant.
Step 2: Providing Written “Reasonable Notice”
You cannot legally throw their belongings on the lawn without warning. Common law requires you to give “reasonable notice” to vacate. There is no strict statutory timeframe, but Ontario courts generally accept 30 to 60 days as reasonable, depending on how long you lived together. Your lawyer should draft a formal letter outlining the exact move-out date.
Step 3: Dealing with Unjust Enrichment Claims
Be prepared for a counter-attack. 💰 Your ex may claim they have a “Constructive Trust” interest in the property because they paid for renovations or contributed to the mortgage. While this does not give them the right to stay in the house indefinitely, it means you might eventually owe them financial compensation in family court.
Step 4: Managing Safety and Changing Locks
If the notice period expires and they refuse to leave, the license to occupy is revoked. If you feel safe doing so, you can change the locks while they are out. However, if there is a threat of domestic violence, you must involve the police. The police may remove them under the Trespass to Property Act, though some officers hesitate to intervene in “domestic disputes” without a court order.
Step 5: Applying for an Eviction Order at the Superior Court
If the police refuse to remove them, you must escalate the matter to a judge. 🏢 Your lawyer will file an application at the Superior Court of Justice for a Writ of Possession. Once the judge signs the order, court enforcement officers (the Sheriff) will physically remove your ex-partner from the property.
How Much Does it Cost in Ontario?
Removing a stubborn ex-partner can be expensive, especially if litigation is required. 💵 Budget for the following standard costs in CAD.
- Lawyer Drafting Notice: A formal legal demand letter generally costs $350 to $700 CAD.
- Locksmith Services: Changing the locks on a standard home costs roughly $150 to $300 CAD.
- Superior Court Filing Fee: Issuing an application in civil court usually costs around $243 CAD.
- Litigation Retainer: If you must fight for a Writ of Possession or defend an unjust enrichment claim, expect an initial lawyer retainer of $5,000 to $10,000 CAD.
Key Differences: RTA Tenants vs. Common-Law Partners
| Feature | RTA Tenant (Standard Lease) | Common-Law Partner (No Title) |
|---|---|---|
| Governing Body | Landlord and Tenant Board (LTB). | Superior Court of Justice (Common Law). |
| Eviction Notice Required | Strict N-forms (e.g., N4, N12) with specific timelines. | A formal written letter giving “reasonable notice”. |
| Right to Stay | Can refuse to leave until the LTB issues an order. | Becomes a trespasser once reasonable notice expires. |
How Long Does the Process Take?
Providing reasonable notice usually takes 30 to 60 days. If you have to apply to the Superior Court for a Writ of Possession, it can take anywhere from 2 to 6 months to get a hearing date, depending on the backlog in your specific Ontario municipality.
Frequently Asked Questions (FAQ)
Do I have to pay them half the house value?
Unlike legally married couples, common-law partners do not automatically split the value of the home. They would have to successfully sue you for unjust enrichment, proving they made significant financial or labour contributions to the property’s value.
Can they claim spousal support to pay for rent?
Yes. If you have lived together for at least 3 years (or in a relationship of some permanence if you have a child together), they can apply for spousal support to help them transition. However, they still cannot force you to let them live in your house.
What if they refuse to leave and lock themselves in a room?
Do not use physical force, as you could be charged with domestic assault. Call the local police non-emergency line, explain that a trespasser is refusing to leave after notice expired, and ask for assistance to keep the peace.
Does having a child together change property rights?
Having a child changes child support and decision-making responsibility, but it does not magically grant them property ownership or a right to stay in your home. The house remains yours.
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