Boyfriend staying over - advice please

thechippy

Hi all,

My mate has a girlfriend, separated from her husband for about a year - husband lives elseware. She is still in the family house (no mortgage), two daughters under 16.

Husband still pays essential bills etc.

My mate stays over with her maybe 2 or 3 times a week. She was recently advised by a friend, that if he keeps staying over 2 or 3 times a week, her husband would have a case for no longer paying the essential bills. Is this correct? I thought it would only make a difference if he actually moved in as such?

Any advice appreciated, thanks.

loftus

Depends. Does he pay under a private arrangement as I assume they are not divorced yet? If that's the case providing he is paying the required amount of maintenance for the kids he could stop anything else he wanted.
If it was under a court order with a cohabitation clause then 2 to 3 nights would not count as cohabitation.

tandraig

depends on their maintenance agreement, she needs to read it carefully, I know where couples are living openly or married and the maintenance is still paid and others have to be careful not to stay over too many nights!

Oldernotwiser

Creditcruncher wrote: »

The staying over rule is quite hard to enforce TBH.

Although the DSS have been known to watch houses for a full week (and more) before to actually prove that the householders BF/GF is living there full time, and not as was stated.........2 - 3 nights per week.;)


All it takes is a nosy neighbour.

There's been nothing mentioned so far about anyone claiming benefits!

thechippy

Many thanks,

He definately only stays 1-3 nights per week max
I don't know about any benefits.

Since they split, the husband has simply kept on paying gas, elec, council tax and food. No formal arrangement is in place as such, I believe.

Thanks so far

Oldernotwiser

Creditcruncher wrote: »

I never said there was.

Then why bring the DSS into it?

Money_maker

Then he sounds like a decent sort to me and I wouldn't be inclined to push it. Does the BF contribute towards food and so forth too? If not, he could be accused of freeloading...

thechippy

The boyfriend is very good to the family. He has his own home. He stays on the odd night obviously to be able to spend time with her. He has no need to freeload, the kids perefer him to thier own dad. The reason for the split was due to him being a very poor father, coupled with unreasonable behaviour.

Thanks again all.......

Mini_Bear

We had a similar situation with my boyfs ex wife. As soon as my boyf found out there was another man on the scene he did not want to "keep" him too. so i would be wary of the husband finding out about the new man. If its a private agreement payment could stop immediately.

McKneff

Creditcruncher wrote: »

The staying over rule is quite hard to enforce TBH.

Although the DSS have been known to watch houses for a full week (and more) before to actually prove that the householders BF/GF is living there full time, and not as was stated.........2 - 3 nights per week.;)


All it takes is a nosy neighbour.

The OP says nothing about the DSS or claims so why have you brought it up