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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70512
Experience:  Over 5 years in practice
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I spend 4 nights a week at my partners home. I have my own

Resolved Question:

I spend 4 nights a week at my partners home. I have my own home also. I make no contribution to my partners home expenses. I do not give her any money she has her own funds. She makes no contribution to my home expenses and does not give me any money. If we go on holiday we both pay our own costs. Otherwise than having a successful and intimate relationship we are independent. Does our relationship constitute cohabiting and if so what is our legal position ?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Is there any reason you shouldn't be free to cohabit?
Customer: replied 3 years ago.
No
Expert:  Jo C. replied 3 years ago.
Thanks.

It depends, in short, what you mean by cohabit.

If you are thinking of the DWP then they are entitled to be told that you are staying 4 nights out of 7. They would probably consider that amounts to something that would impact on benefits. The issue for them is whether you are sharing expenses and you do seem to be saying that you are not but they are entitled to be told about your circumstances and assess that.

If you are just thinking of the strictly English definition of the word 'cohabit' then in truth I think a court probably would consider that staying 4 nights out of 7 amounts to cohabiting. 'Cohabiting' must include waking up in a house on the majority of occasion during the week.

Sorry if thats bad news.

Can I clarify anything for you?

Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.
We are retired aged 74 me and 71 her therefore do not think the DWP would be involved we both
Have separate pensions as we have both been
Married before. If we are deemed to be cohabiting what legal rights
Do either of us have against the assets of
The other...considering we are not living together
And do not contribute in any way to each
Others income or expenses?
Expert:  Jo C. replied 3 years ago.
Unless you marry you do not have rights to each other's property save for a recognition of a contribution that you make such as building an extension.

Its perfectly safe to cohabit as long as you are not mad enough to marry in the UK.