Cohabiting

[phoenix67]

How many nights a week is my boyfriend allowed to stay over before it is classed a co-habitation

[phoenix67]

Sorry.
It's not in relation to a claim on the property.
It relates to my boyfriend who stays over - I have an agreement with my ex husband that the property has to be sold on cohabitation, so I am trying to find out exactly what this means.

[Suzyboo]

Just guessing but I would understand it to mean when your boyfriend moved in i.e. no longer had a separate address from yours. Was the agreement with the ex done with a solicitor because you may be able to clarify it with them?

[madman06]

none due to the fact people were saying he/she only stays 2 nights a week,they got wise to the idea if a man works away he will be home saturday and sunday night,and claim seperatley,it used to be as many as you want so long as the person staying dose not eat in your house,load of crap i know,but ive been done for it well tried for it i got away with it having a disabled son,best thing to do is tell no 1 anything

[phoenix67]

Sorry I haven't explained myself very well, we do not currently live together at all, both maintaining separate homes, electoral role, bills etc - I am living in the former marital home with my children - my boyfriend stays over 3 and sometimes up to 5 nights a week as my ex does not have his children so I rarely get the chance to stay over at my boyfriends house. He keeps no belongings at my house and does not have a key. I want to know under what circumstances does the law deem that we are co-habiting together when we are clearly not. Thanks for any comments posted.

[timbeau]

The number of nights does not really matter, factors to consider;
Does your boyfriend have somewhere else that he lives, ie mortgage/rent, paying household bills?
Does he contribute to your bills, sharing shopping etc
If he does not have anywhere else that he can demonstrate that he lives then it could be argued that he is co-habitating with you. If he has and can demonstrate/prove this, then proving co-habitation is almost impossible.

[phoenix67]

Thank you for that - in answer to all of your questions, he does rent his own property where he has his children and pays his own bills, council tax etc, even has his rail season ticket from that address which is some distance from where I live, we are maintaining 2 completely separate households.