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Stuart J
Stuart J, Solicitor
Category: UK Family Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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my husband has stopped paying my maintenance and has given

Customer Question

my husband has stopped paying my maintenance and has given my child her maintenance directly because i have had someone stay with me, however the order clearly states that this has to be for longer than six months. The person in question came on the 9th of feb and moves out on the 28th of july. i have very little money and do not know what to do next.
Submitted: 4 years ago.
Category: UK Family Law
Expert:  Stuart J replied 4 years ago.

Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousands of questions
from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other
users, I might not always respond in
minutes, particularly evenings and weekends. Please bear with me in that

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to advise you fully.

Do you have a specific question?
Customer: replied 4 years ago.



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?


Thank you,



Expert:  Stuart J replied 4 years ago.

exactly does the court order say?

whether the "lodger" pays rent and when we moved in and moves out, have you
been 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?

old is your child?

money was your husband paying you in respect of what?

need to find background details please.

Customer: replied 4 years ago.

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

Expert:  Stuart J replied 4 years ago.

fact that he is paying your daughter directly weakens your case because this is
presumably, money for your daughters benefit.

You have
not told me whether you have been cohabiting or not. Forget legal definitions
for now as as you know whether you are cohabiting or not.

is no legal definition. A long-distance lorry driver may only live in the house
at weekends for two nights but still cohabit.

A lodger
(a genuine lodger) may stay seven nights a week but it is not cohabiting.

court looks at all the circumstances such as whether you have a physical
relationship. Whether the other party has another address. Whether the other
party uses this address for mail and driving licence and car registration
documents. Whether bills are shared. Who does cooking and washing. Etc.

As I
said, no hard and fast rule and what you cannot do is try to remove as many
things 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 will
make a decision as to whether it is or not.

If you
do start cohabiting and he stops paying money, and you subsequently stop
cohabiting, you are faced with going back to court to reinstate the order.

Can I
help further?