Husband co habiting with OW

[gizmosslave]

Does it help me to have proof of my DH cohabiting with OW in the divorce? He's adamant he's homeless & has no where to live / take the children, and is trying to force me to sell our house, for the sake of £3000 each and moving the kids into rented. When im 99% sure he is living with her, who has a spare room where the kids could visit.

No, it won't make a difference. He can claim to be couch surfing, she can write a letter to state it is only temporary and/ or state the kids cannot stay (whether that's true or not).

Can you afford to take on the mortgage yourself?

No it won't change anything. As pp said can you offer to buy him out?

It's not her responsibility to house your children. It makes no odds where he's staying when he doesn't have the children.

The above answers are wrong. It can make a difference.

If he is cohabiting it could reduce his financial needs and therefore reduce the amount he receives in the financial settlement, leaving more for you. If there are sufficient assets to meet everyone's needs, his cohabitation will be less relevant.

If he is cohabiting, he should disclose that fact. If he does not do so and you subsequently get evidence to prove cohabitation, you may be able to get the courts to revisit the financial settlement.

Well, unless the proof is copies of Council tax bills with his name on. OW doesn't have to provide her financials for people to review. So what proof do you have because him spending evenings there when he doesn't have the kids is not sufficient proof. You don't know whether she is happy to have the kids there. If she's not, then he'll need somewhere suitable to take them presumably.

The OP doesn't need to prove he is cohabiting beyond reasonable doubt, just on the balance of probabilities.

He isn't going to be able to argue for a larger slice of the pot on the basis that the woman with whom he is cohabiting isn't willing to have his kids there.

I agree with @prh47bridge . It is very relevant. £6k equity is next to nothing, but his argument may be that although he doesn't need his £3k, he does need freeing from the mortgage. He won't need freeing from the mortgage if he's living with the girlfriend.

The court is unlikely to order a sale of the property, though there may be features of your situation that make this predication less accurate, which is why you need to take proper legal advice.

@TeeBee

Well, unless the proof is copies of Council tax bills with his name on. OW doesn't have to provide her financials for people to review. So what proof do you have because him spending evenings there when he doesn't have the kids is not sufficient proof. You don't know whether she is happy to have the kids there. If she's not, then he'll need somewhere suitable to take them presumably.

There's always a lot of crap legal advice on these threads. You don't need bill statements. A mate of mine used a private investigator, actually

Even on the balance of probabilities, proving his is cohabiting is difficult unless you can produce some independent evidence of the fact.

For £3k can you extend the mortgage over another 5 years? I had to take mine upto the age 67 in order to afford it.