Legal standing question.

Joined
30 Jun 2008
Messages
16,765
Reaction score
2,299
Location
Suffolk
Country
United Kingdom
Bloke in work is divorced but has not settled financial side of things.

He shares a tenancy with a woman but they do not 'co-habit'. He buys his own food, does his own washing, cleaning etc. Each have their own bedroom but share certain areas such as kitchen, lounge, dining room.

His ex is accusing him of co-habiting and wants proof he isn't.
Who is responsible for proving the facts? Him to prove he isn't co-habiting or his ex to prove he is?

I realise none of your answers will have any legal standing for him unless you can quote a relevant law he could use.
 
Sponsored Links
Is he a joint tenant - legally?

How did he come to share the tenancy?

Does he have 'previous' with his 'co-habitee'?
 
All he needs to do is show he has a girlfriend or she has a boyfriend.
 
Sponsored Links
Newboy. Yes, he is legally a joint tenant, not a shared tenancy.

JML. He doesn't have a g/f and his co-tenant doesn't have a b/f.

EFLI. His ex is trying to use the co-habit line so his co-tenant has to disclose her income. Ultimate aim seems to be to screw him for more of a share of the marital house equity as she is not going for maintenance.
 
Ultimately it's up to his ex wife to prove, not for him to provide proof he isn't. Her solicitor knows this and the only way she could get any proof,(if there were any) is by hiring a private investigator.(and they don't come cheap) ;) ;)
 
Isn't it always the accuser that needs to substantiate their claims?

Isnt that what the ex wife is doing ?
she is accusing her ex husband of co habiting, so the Husband has to provide money statements to prove he is totally supporting himself and no one else is supporting him financally.
I thought this was common procedure in Divorce Cases
 
How has the divorce gone through, prior to issues being resolved.
Im talking from experience & paying a few thousand ££ to a solicitor
 
Thanks for the replies guys.

The divorce went through on the grounds of her physical and mental abuse to him. She did not contest it.

It has always been my belief that the accuser/prosecuter has to prove the case not the defendant prove his innocence.

When it comes to sorting the money out both sides have to submit all bank statements for past 12 months, all pay slips for past 3 months and disclose if they have any other financial interests, (stocks, bonds, dividends etc). Both have done this and he says his is crystal clear whereas hers show a few questionable items on her bank statements.

Apparently she made him a one sided offer on Monday, (in her favour of course), and if he accepts it she will not persue the co-habting issue. She is also not claiming any of his pensions, which he says are not worth much anyway, and wants a clean break order.
 
He would have to declare his pension value, its the court that decides, although it will take into account what each person is wanting/giving.
 
Sponsored Links
Back
Top