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Proof of cohabitation

  • Moosey
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14 Jan 11 #245326 by Moosey
Topic started by Moosey
Hi all, I have gathered from other threads that there is no 'official' definition of cohabitation. Am I correct?
How easy is it to prove that some one is cohabiting? I would say fairly difficult if they do not admit to it openly?
My ex wife has a clause in the Consent Order that if she remarrys or cohabits for a given period there is significant change i.e SM would cease. Any one got any experience of this kind of thing?
Also if I cohabit can my ex have a greater claim for SM due to my partner having an income so changing my finances because there would be then a greater 'joint' income?

Thanks in advance. :huh:

  • LittleMrMike
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14 Jan 11 #245332 by LittleMrMike
Reply from LittleMrMike
There's no standard definition of cohabitation as far as I'm aware. The Court has to look at a number of factors, including

Birth of a child
The sexual relationship between the parties
Whether they live under the same roof or whether any or both of them has other accommodation
The extent to which they do things as a couple
The extent to which their finances are linked

None of these by themselves are conclusive. People who cohabit generally don't publicise the fact.

As regards what might happen if you cohabit, there is a possibility, no more than that, that your partner would share the expenses and thus free up more of your income for spousal maintenance.

LMM

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20 Jan 11 #246605 by Moosey
Reply from Moosey
I am just wondering how far I could go. Of course my ex would deny it all if I said she was cohabiting but i just wondered how difficult it was to prove because at the moment they do have seperate properties but he does stay with her quite often. Guess I am just exploring all the options on the consent order. I do not intened to pay her anymore money above what she is getting and she has had far to much for to long. If I cohabit there is definately no way in hell I would pay any more. (rant rant!).
Seems I'm a bit stuck but I do not see why she should get away with financial murder.

Cheers LMM

  • rockandhardplace
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16 May 11 #268254 by rockandhardplace
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Hi,
I have a similar problem, in our Consent Order I am allowed to stay in the FMH for 7 years but if I co-habit for more than 6 months then I lose the right to stay.
My questions are
a)if my boyfriend keeps his own property, keeps his finances seperately and he stays overnight about 4 times a week, is that considered as co-habiting.
b)if he moved in for 5 months then moved out for 1 month then moved back in, does that avoid the 6 month limit?
Thanks

  • TBagpuss
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16 May 11 #268261 by TBagpuss
Reply from TBagpuss
a) probably not
b) no, probably not. The usual wording is "a total period of 6 months in any 12 month period" so it is cumulative. If your order doesn't have that specific wording then a court could still conclude that you were cohabiting if the picture of your relationship as a whole supported that, and as that is the usual wording it is likely that a court would use a simialr way of determining cohabitation.

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26 May 14 #434776 by rockandhardplace
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Hi, my circumstances have changed and I am thinking of moving in with my new partner but still maintaining a hold on the marital house. I will continue to pay all the household bills for the FMH and nothing for the new property, have all my details/bank account/car details etc still logged at the FMH.
I have checked the wording on my Consent Order and the Cohabitation trigger is ''for a period of four consecutive months'', therefore would the trigger be hit if after every 3 months I move out for a month then back in? during that month I will not sleep over, will do no household jobs, will not pay any bills, etc ?
I know I am sounding rather mean but our daughter is expecting a child soon and maternity pay is low (and her partner was made redundant recently, local unemployment is high) therefore they cannot afford a place of their own and I wish them to have a roof over their head without stuggling and claiming off beneifits for a year or two.
Thanks

  • rubytuesday
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27 May 14 #434872 by rubytuesday
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Erm....do you not think that your ex would become wise to what you are trying to do?

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