Legal Question in Family Law in United Kingdom
My ex wide is cohabiting against a court order
My ex wife had the marital home transfered into her name when we divorced and i had a charge over it until my youngest child reached 18 or unless she cohabited for 6 months. Her boyfreind came to the court with her for the divorce and was at the house when i collected my stuff. My dad goes past every evening and morning and he seems to be living there all the time. How many nights does he have to stay there to constitute cohabitation and what do i need to produce as proof of this in court to make her now pay me my share so that i can purchase another property myself.I dont know if he has another property but he has his two children every other weekend aswell and they always stay there too.
1 Answer from Attorneys
Re: My ex wide is cohabiting against a court order
There is no legal definition of cohabitation as such will depend upon the individual circumstances and intentions of the parties. There are however a number of clear indications such as sharing the payment of general household bills and the cohabiting party having no alternative address. It could well be a clear indication of cohabitation that your former wife's boyfriend brings his children to the house at weekends.
It will need to be carefully established whether cohabitation is denied. If there is clear evidence of cohabitation and this is not accepted, you may need make an application to the court.
We will be pleased to help further but will of course need further information. Please do not hesitate to get in touch.
Andrew Dutton
www.legal-zone.co.uk
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