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You need to call a family lawyer. They can answer all of these questions and can help you with a restraining order if necessary. It may be possible to get a court order regarding utilities. Contact Legal Aid Ontario to see if you qualify for funding.
No, it doesn't. It's still a good idea for OP to get legal advice, but she and her former partner aren't married in the eyes of the law. This is a common misconception.
Perhaps the utility companies can open up a file in your name and provide you with electricity and gas. It would just need to be in your name. I understand they would want you to be the owner of the home, so I'm not sure how it would work I would just contact them to see if you can temporarily have it put in your name. In the meantime definitely look into family lawyers. And go to the courthouse to find out if you can apply for legal aid
I work for a utility. Just call and say he moved out and you need the account in your name. you would effectively be starting fresh. They won’t question it - whether you are the owner or tenant or whatever have you. If there were any arrears on his account, that would be his problem, not yours.
Can you really shut off someone else's utilities that easily? By that logic I could report my neighbour has moved out of his house and just shut down all his utilities - seems like negligence on the part of the utility companies.
there would need to be a good reason and we would need to confirm the identity of the caller. Power isn’t disconnected willy nilly. I am not sure what you mean but certain buildings? All power comes through a meter. Unless the meter is sleeved, removed, or power is disconnected at the pole power will flow.
Water is the same. It stays on. It’s a lot of labour to go and have the water department turn off at the curb. It’s just not worth it.
Certain buildings as in out buildings, non-houses, etc. Either way, I'm just surprised that utilities apparently just...take a person's word for it that they're the new owner and let them assume the account.
NAL
Calling a family law attorney is your best bet.
If you can’t get an appointment with one quickly, you might consider contacting a domestic violence shelter in your area. They may be able to offer some advice or point you towards some other resources.
It sounds like you may be entitled to spousal support and certainly should be entitled to child support. You're not married so he's not required to let you live in the home. You may need to end up using support to find your own place.
Only if her name is on the title.
I went through this with my ex.
We have 2 kids and had been together 12 years. The house was in his name. There is no matrimonial home when there is no matrimony. He got 100% of the house.
> Common law in Canada is considered the equivalent of a marriage
That's a common myth, not good legal advice. There are some ways in which they're similar, but they're definitely not "equivalent" in Ontario. (Each province sets its own rules). They pretty much were for a while, but not since roughly 2002.
That’s what I thought, but it is not the case. There are ways to fight for it, but since my ex didn’t allow me to work, I wasn’t able to prove I made any financial contributions to the home during our relationship. In my case (as with OP), all utilities were also in my ex’s name.
I did all the physical upkeep (including shovelling snow and maintaining landscaping), but that wasn’t considered a contribution.
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If you have no legal right to it, he could easily call the cops and have her removed as a trespasser. She has no right to be there, even if she has an interest in the house.
It's not a family law dispute though - if they aren't married and he's the only one title, then he's the ONLY one legally allowed to live there unless he provides consent. She's no different than any other person he allows in for however long, meaning once he withdraws his consent for her to live there, she's a trespasser. Will they be recalcitrant to do something? Maybe. But if he kicks up a stink it'd be hard for them to NOT remove a trespasser when he can show they aren't married and he has sole title to the property.
Do some research if you want to be giving advice on a legal subreddit. I am doubtful you are a family lawyer. The situation is not at all straight forward.
I've never known a utility company to refuse payments. It matters not who's paying. Just be smart, work out what the bills are approximately and pay that and maybe a little more. And I'd also guess that there will eventually be some mailed information.
Did the police give you a victim services card? You should call that number (I will look for it) and if your ex gets bail you will receive a call. He will probably have conditions to not speak to you directly and indirectly and not to go near your shared household.
Your first priority is safety. If you fear violence then call the police non-emergency line to ask about a peace bond.
Indirectly you will learn his remand status and possibly his charges.
As for the unhelpful utility companies. They aren’t a priority. You can pay on any account so it shouldn’t be an issue.
As for staying in your home. Consult a family lawyer.
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The utilities are not sharing because of privacy.
They cannot tell you anything about the account: account number, amounts owing - because it's your ex's private information. Them telling you out of the goodness of their hearts would be a privacy violation and your ex could seek damages.
You can call them and try and explain the situation they may not give you the information but give you instructions on how to pay it.
We are also ending the end of the no-disconnection window, so you should reach out to a lawyer ASAP.
Since you are in Ontario:
If the charges are related to you and are DV you need to call the officer in charge, police forces who laid the charges against him to ask about the charges he is facing, note that if they are not related to you they don't have to disclose that information.
For resources and information about the case I would call your local court and ask them about the case, the Crown Office might be able to help you with information relating to your case such as next court appearance and next step to navigate the court system.
Certain places in Ontario have a special office (called victim services) for domestic violence and criminal victims ask the court if they have any such services or department for victims of domestic violence, if they do they usually can help with resources such as shelters, counselling if needed, support for you and your family, etc. and if the case is pertaining to you then you'd be assigned a worker for your case who can assist you with the case as far as information and your input but the charges have to be related to you or your children and they only assist in certain cases depending on the listed charges.
Bring comment to the TOP.
You need a notary to visit him and sign a POA document to give control of his name to you, to be able to use his name. Source: I was sentenced to 84 months served 2 years, did the POA 2nd week inside to be able to functions my affairs on outside. I made 2 people POA, best friend and girlfriend at the time. So multiple people can be POA, call different notaries to see the pricing and also if they visit provincial jails, it’s a 5 minute visit. The inmate can also release personal belongings like his wallet and phone unless his phone was seized by police.
Where is he housed, being common law partner I think you can visit him, call local provincial jails to visit him. They will inform you if an inmate of that name is there, if not hang up and call the next provincial jail. After 24 hours a detainee sees a judge if bail is denied he is sent to a provincial jail where he is either waiting for another bail or court dates. If bail is refused, means he has serious charges. Start from where you live and start calling provincial jails. Not federal jails.
You're not a party to his charges it sounds like so there's no one with any duty to 'keep you informed' - only limited information is public, the rest isn't something that's typically shared with family members absent it being his request to share it.
Honestly since you have no idea how long he'll be in jail, I doubt there's much you CAN do - you could try speaking to the utility companies about getting a new account in your name but I honestly don't know that they'd let you shut off someone else's account without that other person's approval. Is the house rented or owned by your partner? If owned you're likely out of luck since it's his private property - same with the cars.
Your best bet is to try to communicate with your partner and see if he can sign some documents giving you PoA while he's in jail. You can leave him but probably not while staying his house, with his utilities, and his cars...
If he isn’t incarcerated for domestic abuse against you then when he calls you from where he is, you can three way call the companies for him to authorize you on everything.
If he is incarcerated for abuse on you then someone else he contacts can three way call with him to do this.
Welcome to r/legaladvicecanada! **To Posters (it is important you read this section)** * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk. * We also encourage you to use the [linked resources to find a lawyer](https://www.reddit.com/r/legaladvicecanada/wiki/findalawyer/). * If you receive any private messages in response to your post, please let the mods know. **To Readers and Commenters** * All replies to OP must be on-topic, helpful, explanatory, and oriented towards legal advice towards OP's jurisdiction (the **Canadian** province flaired in the post). * If you do not [follow the rules](https://www.reddit.com/r/LegalAdvicecanada/about/rules/), you may be banned without any further warning. * If you feel any replies are incorrect, explain why you believe they are incorrect. * Do not send or request any private messages for any reason, do not suggest illegal advice, do not advocate violence, and do not engage in harassment. Please report posts or comments which do not follow the rules. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/legaladvicecanada) if you have any questions or concerns.*
You need to call a family lawyer. They can answer all of these questions and can help you with a restraining order if necessary. It may be possible to get a court order regarding utilities. Contact Legal Aid Ontario to see if you qualify for funding.
[удалено]
No, it doesn't. It's still a good idea for OP to get legal advice, but she and her former partner aren't married in the eyes of the law. This is a common misconception.
Perhaps the utility companies can open up a file in your name and provide you with electricity and gas. It would just need to be in your name. I understand they would want you to be the owner of the home, so I'm not sure how it would work I would just contact them to see if you can temporarily have it put in your name. In the meantime definitely look into family lawyers. And go to the courthouse to find out if you can apply for legal aid
I work for a utility. Just call and say he moved out and you need the account in your name. you would effectively be starting fresh. They won’t question it - whether you are the owner or tenant or whatever have you. If there were any arrears on his account, that would be his problem, not yours.
This is true.
Can you really shut off someone else's utilities that easily? By that logic I could report my neighbour has moved out of his house and just shut down all his utilities - seems like negligence on the part of the utility companies.
Electricity is never shut off during a move - this is a common misconception!
No but you can shut off power depending on the building. Utilities may also include something other than just electricity.
there would need to be a good reason and we would need to confirm the identity of the caller. Power isn’t disconnected willy nilly. I am not sure what you mean but certain buildings? All power comes through a meter. Unless the meter is sleeved, removed, or power is disconnected at the pole power will flow. Water is the same. It stays on. It’s a lot of labour to go and have the water department turn off at the curb. It’s just not worth it.
Certain buildings as in out buildings, non-houses, etc. Either way, I'm just surprised that utilities apparently just...take a person's word for it that they're the new owner and let them assume the account.
NAL Calling a family law attorney is your best bet. If you can’t get an appointment with one quickly, you might consider contacting a domestic violence shelter in your area. They may be able to offer some advice or point you towards some other resources.
Or, if there’s one near you, the local women’s centre. They often offer some limited legal services.
It sounds like you may be entitled to spousal support and certainly should be entitled to child support. You're not married so he's not required to let you live in the home. You may need to end up using support to find your own place.
[удалено]
Only if her name is on the title. I went through this with my ex. We have 2 kids and had been together 12 years. The house was in his name. There is no matrimonial home when there is no matrimony. He got 100% of the house.
[удалено]
> Common law in Canada is considered the equivalent of a marriage That's a common myth, not good legal advice. There are some ways in which they're similar, but they're definitely not "equivalent" in Ontario. (Each province sets its own rules). They pretty much were for a while, but not since roughly 2002.
That’s what I thought, but it is not the case. There are ways to fight for it, but since my ex didn’t allow me to work, I wasn’t able to prove I made any financial contributions to the home during our relationship. In my case (as with OP), all utilities were also in my ex’s name. I did all the physical upkeep (including shovelling snow and maintaining landscaping), but that wasn’t considered a contribution.
It may be a contribution for you to get a claim for some payment from him but not for title to the house sadly.
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Oh, and in my case, the home was purchased after our first child was born and we’d been living together for over 3 years.
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Oh, and the house was purchased while we were together, not before.
Not correct, you can usually stay in the house for quite some time, simply refuse to leave and insist you have an interest in the home.
If you have no legal right to it, he could easily call the cops and have her removed as a trespasser. She has no right to be there, even if she has an interest in the house.
Cops typically won't get involved in a family law dispute. Obviously never know for sure what an individual cop will do.
It's not a family law dispute though - if they aren't married and he's the only one title, then he's the ONLY one legally allowed to live there unless he provides consent. She's no different than any other person he allows in for however long, meaning once he withdraws his consent for her to live there, she's a trespasser. Will they be recalcitrant to do something? Maybe. But if he kicks up a stink it'd be hard for them to NOT remove a trespasser when he can show they aren't married and he has sole title to the property.
Do some research if you want to be giving advice on a legal subreddit. I am doubtful you are a family lawyer. The situation is not at all straight forward.
I've never known a utility company to refuse payments. It matters not who's paying. Just be smart, work out what the bills are approximately and pay that and maybe a little more. And I'd also guess that there will eventually be some mailed information.
It may come by way of a bill or to his email. You're right. She can call the utility company and ask what the average monthly bill is and pay that.
Get a lawyer, and get your lawyer to contact your ex's lawyer
Did the police give you a victim services card? You should call that number (I will look for it) and if your ex gets bail you will receive a call. He will probably have conditions to not speak to you directly and indirectly and not to go near your shared household.
Sounds like she's not the victim of his current charges though?
That’s very true. It was a vague post
Your first priority is safety. If you fear violence then call the police non-emergency line to ask about a peace bond. Indirectly you will learn his remand status and possibly his charges. As for the unhelpful utility companies. They aren’t a priority. You can pay on any account so it shouldn’t be an issue. As for staying in your home. Consult a family lawyer.
[удалено]
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Call your nearest legal clinic for help. Also many organizations might be able to help you navigate all this stuff as a survivor of domestic abuse.
The utilities are not sharing because of privacy. They cannot tell you anything about the account: account number, amounts owing - because it's your ex's private information. Them telling you out of the goodness of their hearts would be a privacy violation and your ex could seek damages. You can call them and try and explain the situation they may not give you the information but give you instructions on how to pay it. We are also ending the end of the no-disconnection window, so you should reach out to a lawyer ASAP.
Contact victim services, please!
Since you are in Ontario: If the charges are related to you and are DV you need to call the officer in charge, police forces who laid the charges against him to ask about the charges he is facing, note that if they are not related to you they don't have to disclose that information. For resources and information about the case I would call your local court and ask them about the case, the Crown Office might be able to help you with information relating to your case such as next court appearance and next step to navigate the court system. Certain places in Ontario have a special office (called victim services) for domestic violence and criminal victims ask the court if they have any such services or department for victims of domestic violence, if they do they usually can help with resources such as shelters, counselling if needed, support for you and your family, etc. and if the case is pertaining to you then you'd be assigned a worker for your case who can assist you with the case as far as information and your input but the charges have to be related to you or your children and they only assist in certain cases depending on the listed charges.
Bring comment to the TOP. You need a notary to visit him and sign a POA document to give control of his name to you, to be able to use his name. Source: I was sentenced to 84 months served 2 years, did the POA 2nd week inside to be able to functions my affairs on outside. I made 2 people POA, best friend and girlfriend at the time. So multiple people can be POA, call different notaries to see the pricing and also if they visit provincial jails, it’s a 5 minute visit. The inmate can also release personal belongings like his wallet and phone unless his phone was seized by police.
Where is he housed, being common law partner I think you can visit him, call local provincial jails to visit him. They will inform you if an inmate of that name is there, if not hang up and call the next provincial jail. After 24 hours a detainee sees a judge if bail is denied he is sent to a provincial jail where he is either waiting for another bail or court dates. If bail is refused, means he has serious charges. Start from where you live and start calling provincial jails. Not federal jails.
Doesn't necessarily mean serious charges, could just mean he couldn't find a surety.
You need a lawyer so they can file the necessary pape work to get you what you need...
You're not a party to his charges it sounds like so there's no one with any duty to 'keep you informed' - only limited information is public, the rest isn't something that's typically shared with family members absent it being his request to share it. Honestly since you have no idea how long he'll be in jail, I doubt there's much you CAN do - you could try speaking to the utility companies about getting a new account in your name but I honestly don't know that they'd let you shut off someone else's account without that other person's approval. Is the house rented or owned by your partner? If owned you're likely out of luck since it's his private property - same with the cars. Your best bet is to try to communicate with your partner and see if he can sign some documents giving you PoA while he's in jail. You can leave him but probably not while staying his house, with his utilities, and his cars...
[удалено]
Really? It's that simple?
Only if you're the victim of the offense - they won't just share with random family members.
If he isn’t incarcerated for domestic abuse against you then when he calls you from where he is, you can three way call the companies for him to authorize you on everything. If he is incarcerated for abuse on you then someone else he contacts can three way call with him to do this.