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Place Of Residence?

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04 Feb 08 #12867 by scottishlady
Topic started by scottishlady
Hi...
I had my first appointment today at court....I saw my STBX's form E approx 10 minutes before going into the hearing....
He states that he is living in 'board & lodgings'... when he left me approximately 6 months ago, he was living in a rented flat...
The 'lady' that I found out he had been having an affair with, infact, owns a guesthouse approx 40 minutes drive from where he is working, and I fear that this may be where he is going to claim he has 'board & lodgings'.... how on earth can I prove that he is infact cohabiting with this 'lady'... as opposed to staying there as a paying guest?
As far as I can see, it would be relatively easy for them to arrange things so it looks as though he is infact lodging there...:(

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04 Feb 08 #12870 by Josh2008
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Hi Scottishlady

If funds are not a real problem, then either get a friend of yours to spend a night or two there or hire a private eye

A lot can be gleened in a couple of days

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05 Feb 08 #12872 by scottishlady
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Thanks Josh....

If necessary, I could stretch to hiring a private eye...
If, 'a friend' should stay there for a few nights, and it was found, that he was infact coming and going from there... that wouldn't be 'acceptable' as proof though would it?....
Again, he could say that he was 'lodging' there.... I would have to 'prove' that he was infact 'sleeping' with the 'lady' concerned wouldn't I?:(

SL:)

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05 Feb 08 #12909 by IKNOWNOW
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Karen, I take it he did not mention he was co-habiting on the first section of his form E?

How important is the fact that he is paying board and lodgings going to be when looking at the final outcome?

I guess if you can prove that he is co-habiting though his housing needs are met. Has he made the suggestion that you sell the FMH?

Like you say, I don't think a friend staying at the Guest House will be able to prove much. Would she have put his name on the electoral register; just a thought?

Is the amount he is paying board and lodgings about the same as he would pay to rent privately or is he suggesting that he can only afford to stay at the Guest House?

I know I haven't really offered any answers Karen, just hope may have raised an issue that may not have been thought about.

Regards, Sarah x

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05 Feb 08 #12913 by scottishlady
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Sarah...

Thankyou...... yes, the point would be infact, "that his housing needs would be met"....
His form E stated that he wasn't cohabiting... and had no intention within 6 months...
Yes... he wants to sell the former matrimonial home... and he needs 150K to buy a new house... there is only 151K equity...
I'd thought about the electoral role, I doubt whether he'd be named as living at her address, but I'll check anyway... thankyou

I don't think it's a concern whether he pays rent or 'board & lodgings'... I don't see that it makes any difference at this stage (please correct me if I'm wrong).... it's more the fact that he would not need to buy a new house if he is infact living with the 'lady'... whereas, I will have to obviously sell up, and find somewhere else to live... any thoughts on how one does that with 1K???;)

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05 Feb 08 #12917 by IKNOWNOW
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Karen, can't remember, but is the mortgage and deeds of the house only in his name?

Even if this is true, you had a long marriage and it would be deemed that the house is a joint asset and you would as a starting point be entitled to a 50/50 share of the equity.

Does your x have a pension, and equally do you?

Maybe you could off set your 50% share of his pension with his 50% share of the equity.

I would guess you both work but if he earns considerably more than you there may be a claim for spousal maintenance as it was a long marriage; again you could forfeit SM for a greater share of equity.

Do you still have a mortgage on the FMH, and if required could you possibly increase this slightly to buy him out if there is a shortfall beween what he would be entitled to and what you can offset?

I accept that he wants to purchase a property but can he not get a mortgage and does he really need £150K to buy a house big enough for just him, because as he isn't intending to co-habit in the next 6 months at least and your daughter has no need to stay with him he really only needs a 1 bedroom place, a small 2 bed at a push.

As it seems only a paper exercise as far as actually purchasing a house anyway it doesn't really matter.

I am probably not telling you anything you don't already know Karen, so apologies if that is the case.

Men!

Regards, Sarah xx

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05 Feb 08 #12918 by Monitor441
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IfIKnewThen.

I have a three questions relating to your last post

1. Why does his daughter "not need to stay with him"?

2. If a "small 2 bed at a push" is OK for him why isn't it OK for ScottishLady?

3. What do you mean by "men!"?

Mon

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