Definition of cohabiting?

BARGAINHUNTER!

I am seperated from my ex (we were never married) and we have two children together. We were living together for 13 years, and were in all intents and purposes married but without the ring and ceremony.

When we seperated, we did so through solicitors, as there was a joint property, joint money/accounts and children involved. The solicitors drew up a Deed of Seperation which basically details down how the money was split etc. The house was in joint names, so my ex brought another house in his name only and I stayed in the family home. I went through a conveyancing exercise to re-register the family home in my name only (for which I got a unexpected stamp duty bill for - but thats another story!), and I took out a mortgage in my own name to pay off the outstanding mortgage balance (quite small - £45K mortgage and house worth £300k plus) As I could not afford to buy my ex out of the house immediately (would have cost me £150k plus I would still have needed to take over £45k mortgage and no one would lend me the money to do it), we agreed that he would retain a % share in the value of the house, 47%. This is all detailed down in the Deed. This money becomes payable to my ex on any of these circumstances happening a) when my youngest child reaches 21, b) if I sell the house c) if I get married or d) if I cohabit. Now, I have met someone else and it is possible that in the future he may move in with me. Fair enough - I would then need to give my ex 47% of the value of the house. However, my new partner occasionally stays over as he lives 4 hours drive from me. There may come a situation where he drives up to see me on a Friday after work and drives back down again in the early hours of Monday morning. This may happen on the odd weekend, or might become every weekend!! My question is - if he was stopping with me every weekend would this be considered as co-habiting? If he stopped with me 2 weekends out of 4 would this be considered cohabiting? Does anyone know what the legal definition is? Also, I currently get 25% council tax rebate as well (single householder). If my new partner stayed every weekend/every other weekend would I no longer be entitled to this?

daisy_doughnut_2

i allways thought and i know i have read somewhere that staying over a few nights a week isnt cohabiting your home isnt his first home he has a home which he pays council tax on so i would say you are not cohabiting i dont think it would make a difference on the CT either as he pays it also on his home

i have just googled an from various sites you are not co-habiting

BARGAINHUNTER!

Thanks - that makes sence. Yes my partner does have his own home which he pays council tax and a mortgage on. What would happen if he was to sell that house and move in with his parents. He would stay with them during the week due to work (he lives and works a 4 hour drive from me) but would drive up to stay with me at weekends. Does that class as cohabiting?

DrFluffy

There is no legal definition for cohabitation - it tends to be taken as living together as if husband and wife... Very non-descript...

DrFluffy

http://www.adviceguide.org.uk/nm/index/family_parent/family/cohabitation_and_marriage_legal_differences.htm
http://www.adviceguide.org.uk/scotland/family_parent/family_family_scotland/cohabitation_and_civil_partnership_legal_differences_scotland.htm

seven-day-weekend

I would imagine that if he pays you no money and still has his bills, clothes etc at his own home then maybe that might not be classed as co-habiting? Don't really know though.

I personally don't think I would risk it if I couldn't afford the monetary aspect of it.

roses

Its only cohabiting if you both have the same permanent residence ie electoral roll registration, credit card billing address etc. If his home is elsewhere then that is definitely not cohabiting if he visits you on weekends.

squibbs25

I have always believed that co-habitating is when you live together 24-7 as if married, i.e share same address, bills etc.
I was in a similar situation where my bf used to sleep over 1-2 nights a week, it never caused me any problems.
I shouted it from the roof tops when he finally moved in though :j :rotfl:
We've been married for nearly 5 years now!

Squibbs