Depending

Heard about someone who sold his house after living with someone for a year, and concluding that he would likely end up with a potential long-term resident companion, against his will, who might later make a support claim. The dependency relationships that are not consensual. Somebody needs a place to stay, between apartments, and ends up staying for years. Know of one situation where the guy, homeless at that moment, showed up with his fish tank and a bottle of champagne, proudly announcing “I’m here!”. She didn’t close the door.

If there is any intimacy to the relationship, it suddenly becomes more difficult to argue that the cohabitation is non-consensual. Seems that often that is the major hook of the one moving in.

And once he or she is in, it becomes very difficult, in many cases, to get the person to leave willingly. People will say that one can just change the locks. Seems that, for many, it isn’t that easy, so they wait for the person to terminate his or her temporary accommodation arrangement. And they wait, and wait.

When it comes to support claims, wondered if the courts appreciate that non-consensual cohabitation can occur over an extended period, and that support claims should be minimized or eliminated accordingly. Did a general and legal case search of “non-consensual cohabitation”, and couldn’t find anything.

Yet if one searches “she won’t move out” or “he won’t move out“, one encounters what seem to be mostly advice sites with “change the locks, call the police”. Which is exactly what many people don’t want to do.

So they sell the house.

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About brucelarochelle

Practising Lawyer and Part-Time University Instructor (Accounting, Commercial Law, Organizational Behaviour); Part-Time Federal Tribunal Member. Non-practising Chartered Professional Accountant (Chartered Accountant and Certified Management Accountant).
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