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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33538
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My husband divorced from former wife some years ago. He still

Resolved Question:

My husband divorced from former wife some years ago. He still owns half his old house with ex wife and a consent order is in place. The consent order stated that if she cohabits for a period of 6 months then then the house can be sold to get his equity out or he/she can buy each other out. We were informed by her by text that her current partner was moving some of his things in, would be spending most of his weekends there (he works away during the week) and would be renting his spare room in his own house out. In her text to us she said this complies with terms of the consent order. I know she will argue that they are not cohabiting but in reality we know he his there whenever he is not at work and he is contributing to costs of running the house as well as the tenant of his "spare room" in fact has the whole house. Where do we stand? For info this type of thing has happened 3 times and every time she gets to the 6 month period she dumps new partner. Do we have to prove she is cohabiting? What happens if 2 days after the 6 months she dumps her new partner? Does the 6 month period in the consent order still stand? Hope you can help
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
For clarity - he does not stay in his own home in the week either?
Clare
Customer: replied 2 years ago.
Hi Clare

No he doesn't. He is away all week with work and even if working locally he stays with my husbands ex wife.

Look forward to hearing from you.

Helen
Expert:  Clare replied 2 years ago.
Hi
Are there any minor children in the property?
Clare
Customer: replied 2 years ago.
Yes, Rosie who is 10. The consent order basically says the house stays with the ex until Rosie finishes school unless she cohabits for a period of 6 months. Rosie spends half her time with us and all we want is to get Andrews equity out of the house so we can buy somewhere.
The ex went through a process last year of buying us out and pulled out at the last minute when she realised she'd still only own half of it with her then partner. You can understand the frustration we feel as it just doesn't seem right that she can cohabit for just short of six months time and time again and then kick the person out
Customer: replied 2 years ago.
Can I just check there are no extra charges for each question?
Expert:  Clare replied 2 years ago.
Hi
What you are describing does indeed count as co-habitation so the clock is ticking (again)
However even if she does pass the magic six months mark, but then ends the relationship before the house is transferred it is unlikely that the court will force a sale as the priority remains the safe and secure housing of the child
I am sorry - I know that this is not what you wish to hear but sadly this is the position that you are in for the next eight years or so.
Please ask if you need further details - it is all included in the payment that you have already made
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33538
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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