Cohabitation - Will

frosty247

Our dad died 13 years ago and left his current wife a life interest in the marital property. However, there was a clause to say if she dies, cohabits or remarries then we would receive our 50% share of the property. She has had a boyfriend for now over 10 years. With cash about 8 years ago, without our knowledge, she then bought another property and moved her boyfriend into the house. We found out and put two and two together. She has advised us the boyfriend does not pay her rent. She has removed her wedding ring from her left hand and replaced it with a ring from this man to say she is 'taken'. She also introduces his children as her step children. We believe she spends at least 4/5 nights a week at the other house. They both have keys for each property and come and go as they please between the two. They both drive each others cars, spend all Christmas and birthdays and holidays together.


Would this be classed as cohabiting? As we believe has done this deliberately in order to get around the cohabitation clause in the will. She has made it clear she is unhappy in respect of the percentage we have been left. She also has no children of her own and has over the years we believe become very bitter and jealous of us as we have families of our own. Your thoughts would be appreciated :-)

Yorkshireman99

frosty247 wrote: »

Our dad died 13 years ago and left his current wife a life interest in the marital property. However, there was a clause to say if she dies, cohabits or remarries then we would receive our 50% share of the property. She has had a boyfriend for now over 10 years. With cash about 8 years ago, without our knowledge, she then bought another property and moved her boyfriend into the house. We found out and put two and two together. She has advised us the boyfriend does not pay her rent. She has removed her wedding ring from her left hand and replaced it with a ring from this man to say she is 'taken'. She also introduces his children as her step children. We believe she spends at least 4/5 nights a week at the other house. They both have keys for each property and come and go as they please between the two. They both drive each others cars, spend all Christmas and birthdays and holidays together.


Would this be classed as cohabiting? As we believe has done this deliberately in order to get around the cohabitation clause in the will. She has made it clear she is unhappy in respect of the percentage we have been left. She also has no children of her own and has over the years we believe become very bitter and jealous of us as we have families of our own. Your thoughts would be appreciated :-)

Sounds as if the cohabit clause has become operative, Ultimately you need to consult a solcitor as to how to sell the property and recover your share and all the costs from hers.

Marcon

Did anyone ever check the validity of the terms of your father's will - i.e. did he and his wife both own the property and if so, was it as joint tenants or tenants in common?

As to cohabiting - that is one for the courts, ultimately. Your next step is a chat with a solicitor, assuming you can't talk to her and get her to voluntarily agree to a solution everyone finds satisfactory. Given the amount of snooping you've done to find out what you have (or what you think you've found out), that doesn't seem likely.

JimmyTheWig

frosty247 wrote: »

She has had a boyfriend for now over 10 years.

Doesn't mean they are co-habiting.

With cash about 8 years ago, without our knowledge, she then bought another property and moved her boyfriend into the house. We found out and put two and two together. She has advised us the boyfriend does not pay her rent.

She bought a house where the boyfriend now lives, but she still lives in the marrital home? If so, this doesn't mean they are co-habiting.

She has removed her wedding ring from her left hand and replaced it with a ring from this man to say she is 'taken'.

Doesn't mean they are co-habiting.

She also introduces his children as her step children.

Doesn't mean they are co-habiting.

They both drive each others cars, spend all Christmas and birthdays and holidays together.

Doesn't mean they are co-habiting.

We believe she spends at least 4/5 nights a week at the other house. They both have keys for each property and come and go as they please between the two.

But this, I would say, suggests that they are living together. I'm pretty sure if it was a benefits claim they would be treated as living together.

Flugelhorn

Marcon wrote: »

Did anyone ever check the validity of the terms of your father's will - i.e. did he and his wife both own the property and if so, was it as joint tenants or tenants in common?

this is the crucial bit - was he actually able to do what he did or does the wife now own the house anyway

frosty247

Thank you for all the replies they are very helpful.


The reason why I listed other issues i.e referring to his children as his stepchildren etc, it was our understanding there is no legal definition of cohabitation, therefore the judge looks at the whole picture. I.e holidays together, birthdays , is the person in question financially dependent on the other etc. From not paying rent, he is not a tenant, so what is he? We have not been snooping to get the information, the information has been provided freely by her.


We now have an appointment with a solicitor who can look into this further for us. I am thinking of hiring a private detective to seek out exactly how many nights she stays at her other home.

Brynsam

Flugelhorn wrote: »

this is the crucial bit - was he actually able to do what he did or does the wife now own the house anyway

Should be easy enough to check for £3, assuming the property is registered with the Land Registry (some older properties still aren't). Make sure you use the official site or you'll be overcharged: https://www.gov.uk/search-property-information-land-registry

Worth doing that before you do anything else, because it may show she already owns the property if she and her late husband were joint tenants.