UK Family Law
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I am looking to find out how I enforce a court order with very little funds.
I am looking for information on how co habitation is proved, what documents i will need to show that my partner stayed less than six months. i have a tenancy agreement terminating on the 1st of February and then a holiday form showing he went away for a week so in theory I should have until the 9th of August but he moved some things in on the 28th of January so he is moving out on the 28th of July to be on the safe side. He knew he would only be here a short space of time but needed somewhere to stay. He has paid me three lots of 500 pounds.
Any other information that will help me?
Whatexactly does the court order say?
Forgetwhether the "lodger" pays rent and when we moved in and moves out, have youbeen cohabiting?
If not, then why worry about the dates if he simply needed somewhere to stay and he is simply a lodger?
Is he moving back in at any stage in the future?
Howold is your child?
Whatmoney was your husband paying you in respect of what?
Weneed to find background details please.
the court order says that if i cohabit for longer than 6 months my ex husband can take his name of the mortgage and stop paying me maintenance.
my boyfriend was paying me rent only but he is my boyfriend and he was living here and so i was looking to clarify 'cohabitation' in the law
i will not let him move back in if it means that i have to put his name on the mortgage, even as tenants in common as it would mean he could get me to sell the house if we split. if he does move back in at a later stage will the co habitation start from the beginning or will it be added to the time he was here?
it is difficult to find out if you are able to live with someone for a long time after only a few months of staying here. Is this clause common?
my two children are 20 and 18, the court order makes provision for the youngest until she finishes university.
my ex husband paid 300 a month diminishing by 100 pounds each year for me and 300 a month for my daughter, stopping when she went to teach abroad for a year.
I hope that is enough information
Thefact that he is paying your daughter directly weakens your case because this ispresumably, money for your daughters benefit.
You havenot told me whether you have been cohabiting or not. Forget legal definitionsfor now as as you know whether you are cohabiting or not.
Thereis no legal definition. A long-distance lorry driver may only live in the houseat weekends for two nights but still cohabit.
A lodger(a genuine lodger) may stay seven nights a week but it is not cohabiting.
Thecourt looks at all the circumstances such as whether you have a physicalrelationship. Whether the other party has another address. Whether the otherparty uses this address for mail and driving licence and car registrationdocuments. Whether bills are shared. Who does cooking and washing. Etc.
As Isaid, no hard and fast rule and what you cannot do is try to remove as manythings as possible to make it so that it is not cohabiting when it actually is.If you will not admit to it( if indeed you are cohabiting), then the court willmake a decision as to whether it is or not.
If youdo start cohabiting and he stops paying money, and you subsequently stopcohabiting, you are faced with going back to court to reinstate the order.
Can Ihelp further?
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