Possible Co-Habitation Query?

A hypothetical question, that crossed my mind the other day and I would appreciate your collective wisdom and thoughts on please.

I'm paying for the former marital home as part of the settlement, from which the mortgage payments are deducted from my monthly child maintenance sums for my two kids, who stay full time with their mum in that house.

If her mum (or any other family member for that matter) was to move in to the house and stay there (which I wouldn't want), could it be classed as co-habitation and could I invoke a sale of the house, as has been laid out in our consent (Clean Break) order.

At a guess, I'd say that if a family member moved in, it is unlikely that it would be classified as cohabitation. I haven't researched the issue of same sex marriage but I'd doubt whether one could legally marry a close relative of the same sex, just as one couldn't with a heterosexual marriage.

Cohabitation implies living together as a married couple where the individuals were not legally married, especially if the relationship is sexual.

It's a very interesting point. But after all, family members can and do live together. You'd need more than that to trigger a sale.

LMM

I too have been considering this because in my Consent Order D81, I checked the box for not planning to cohabit for both of us, but, and my ex knows all about this, I am planning on my current flatmate moving to the FMH to help pay for the buyout. The reason for this is that we're both being evicted from the current flat, we get on well and it seems a reasonable thing to do. I considered that question was, as you say, about people living together as if married. But does it apply to financial contributions to the household? As the D81 doesn't ask about outgoings, only income, I considered that a financial contribution to the household from a third party didn't matter in this case BUT in a full form E disclosure, it DOES matter - I prepared a Form E and declared the income from my flatmate as offset against the outgoings of rent, and the reduction in the fuel bills etc.

So a contribution to household expenses DOES matter, and is considered as cohabitation insofar as the needs calculation. In which case, as my ex was planning on moving in with her mother for a year or so, then SHE would be cohabiting inasmuch as my flatmate would be cohabiting.

But no-one in their right mind would say an adult son living at home and paying rent or housekeeping to their mum is cohabiting with them. So why would a lodger on an informal arrangement be cohabiting?