Could living with new partner effect financial settlement?

BenjaG

I have a obtained a decree nisi and have been living separate for about two years, having found accommodation in a rather large property owned by my cousins in Sweden. While nobody is charging me rent (which I couldn’t afford), in theory I owe rent to my cousins.

My stbd wife lives in the former matrimonial home and now pays the utilities and half the mortgage (a considerable improvement over last year).

My wife wants to continue living in the jointly owned home in England, until our children (who are living away at university) finish their education. My daughter is studying ‘tuition-fee-free’ in Sweden, and she has moved in with me.

In pretty much all the correspondence, my wife’s lawyer is pointing out “I am aware that you are currently residing in property owned by your family”. I would like to sell the former matrimonial home, to buy a new home or flat with my share of the equity. But I am worried that a judge may consider my free accommodation means that my housing needs are met".

The fact that my daughter is living here, too, may even reinforce this view; though in reality, it provides much needed savings on rent we would otherwise have to pay for her. How do I avoid that a judge counts my cousins' home and the fact that I don’t pay rent against my share of income and/or equity?

I am also musing about letting my new girlfriend move in. Apart from the sentimental and practical benefits, she would be able to pay rent to my cousins. However, my stbd wife would certainly find out, could she use this against me? Could sharing accommodation with a new partner, before having a decree absolute work against me? Could this have negative effects on the financial settlement? Where do I have to be careful, what do I have to check?

DomRavioli

Seek professional legal help, not an online forum.

aurelieweill

It depends on the circumstances of the parties.

For several reasons it is preferable to defer moving in together with a new partner until the decree absolute, or least until the financial arrangements have been agreed.

Guest101

It depends on the circumstances of the parties.

Ofcourse it can affect it as the financial settlement (correctly) is based upon need, not want.

pigpen

I was told they do not take current circumstances into account.. some people wait years and years before divorcing.. stuff that was in the marriage is all that should be considered. Family home, cars, assets, savings & investments etc.. They don't take into account what either want or need only finding a fair settlement based on what was put into the marriage.. beyond if you have to give the other party the car making you unable to get to work they take very little of current circumstances into account.. obviously the courts don't want people to lose their jobs.. what your girlfriend has or does not have is totally irrelevant.

Beyond A-level education the court can and should force a sale of the family home unless your ex is in a position to buy out your equity in it.

I was living with a new partner with a baby before my stuff was sorted and it didn't make a scrap of difference.. I guess a lot also depends on how useful/useless your solicitor is.