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I've moved out new boyfriend has moved in!

  • Jacko
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02 Dec 07 #8273 by Jacko
Topic started by Jacko
Hello everyone I'm new to this intersting site.

I moved out of the matrimonial home in June my wife's new boyfriend moved in July. My wife suffers from Bipolar she is 37 and her new partner 24 and has been previously sectioned the mental health act! From what the neighbours say it's a volatile relationship! and I do fear the effect this has on the 4 boys aged from 6 to 12.

The house has recently been valued at £220,000 and there is no mortgage all our capital is in the house.

I am living back at my parents in the midlands having secured a job here. My wife and children live in Devon. I try and see the boys 1 weekend in 4 and I'm still paying all the bills council tax, telephone, gas, electric etc. except for the food.

I am the respondent (self representing) I have just returned my second form E and we have a rescheduled first appointment 07/01/08. On her first form E she ticked the boxes to say she wasn’t and didn’t intend to cohabit. She and her boyfriend had a convenient falling out and he moved out during the time the first form returned. I have to see her second form E. The neighbours tell her partner is still there so I wonder what she has said about her cohabitating this time.

Will her cohabiting for now almost 6 months be considered as a trigger event to sell the house? I understand that cohabitation is usually taken into account for a period of 6 months or more within a 12-month period. Is this a continuous 6 month period or an accumulated 6 month period with in a 12 month period?

Any input would be greatly appreciated.

  • BlueGangster
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04 Dec 07 #8397 by BlueGangster
Reply from BlueGangster
Cohab is difficult to prove and equally difficult to deny. As you are the joint owner in the property I suggest that you target all your communications around the COhab element as if you are aware of it but not making an issue of it. Write to her solicitor and inform them that you want an agreement from her that her new partner will limit his access to your matrimonial home and contact with your children and stipulate these conditions. Also, exercise your right to access the home from time to time and take note of articles and personnel belongings that are there from the lodger. Remember you are still a joint owner of that home and you have rights for reasonable access. I would also advise reducing the payments on utilities to force the issue.

I suggest something along these lines and gauge the reply from her solicitor.

I am delighted that Mrs XXXX is now able to move forwards in terms of her own personal relationships but it is clearly a situation that the children need to become accustomed to gradually. Therefore could you please confirm that Mrs XXXX will not allow (lodgers name), or any other partner, to stay at the matrimonial home overnight when the children are present and that daytime contact between (Lodgers name) and the children will be limited to one day per weekend when in Mrs XXXX care.

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