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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 855
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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In uk law what constitutes living together

Resolved Question:

In uk law what constitutes living together
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
I am Caroline. I am a Solicitor and am able to help.
Please can I ask for some background to your question - is this in relation to rights to a property?
Kind Regards
Caroline
Customer: replied 1 year ago.
Hi, I am getting divorced and part of the consent order refers to the fact that I will pay the mortgage for the family home until the first of the following events.
The petitioner cohabiting for more than 6 months
The petitioner remarrying
The mortgage is redeemed in full
The property and mortgage accounts being transferred solely into the petitioners sole name
Upon the petitioner voluntarily vacating the property on a permanent basis
Upon the petitioners Death.
My concern is with the cohabitation what does this mean. For example I have a service pension. Should I have died my wife would have been paid the whole of my pension but if someone lived with her for more than 4 days per week she would have lost it.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response and also for providing detail on the financial order that was agreed.
If my understanding is correct - you are the Respondent in the proceedings and your ex wife will remain in the matrimonial home until one of the trigger events occur - one such being her cohabitation for 6 months.
In these circumstances Cohabitation isn't defined but is generally accepted as continuously living with someone for 6 months or more. If you did consider that your wife was cohabiting then you could refer to the order you have and ask for the property to be sold. If your ex didn't agree then you would need to make an application to the court to enforce the order. You would have to prove that your ex is cohabiting - which isn't easy. Courts are also reluctant to force the sale of a property (making someone homeless) on the back of a relationship that might not last.
Kind Regards
Caroline
I would be grateful if you could kindly rate my answer. I am new to this service and positive feedback is gratefully received.
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Customer: replied 1 year ago.
Please explain continuous living. What if they work away during the week, Monday to Friday but stay there for all other purposes? Is that classed as cohabitation. Or if like me they work 2 weeks on three weeks off. Is that cohabitation
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Sorry for the delay. I was struggling to log in the site.
As above - there simply is no definition of cohabitation. It is generally accepted as living together continuously. You would have to prove cohabitation if you we're seeking to enforce the order. If they did work away then I think you would struggle. If they were at the house everyday and night without a residence of their own then this is more like continuous.
Kind regards
Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
I would be grateful if you could kindly rate my answer.