Found 9th Nov 2010
Hi, I've recently started a new relationship with somebody, I stay over at her house at weekends

How many nights can I stay there before I'm classed as living there.

She is having problems with her ex husband about this, as he gets a massive payout on the house if someone moves in

Any advice would be much appreciated.

14 Comments

i think its 2

I read on MSE that it's myth and as long as you haven't moved in there and don't use her address for mail etc you can stay as many nights as you please,but i'm not sure how true it is,i remember reading it recently,i'm sure it will tell you on the DWP site if you have a look.

Maybe it was you who asked the same question lol
Edited by: "Domthedonkey" 9th Nov 2010

you havent "moved in" until you give up your own place and move all your belongings to her place. she is entitled to a life-if you want to stay the whole week its irrelevant.would be different if she was claiming benefits as a single mother with no partner-they have strict rules,but for the ex husbands scenario-you havent moved in.

Ring & ask the benefits dept!

snowtiger

Ring & ask the benefits dept!



I dont think its a benefits matter-op has stated its a clause the ex husband has for a payout on the house

barky

I dont think its a benefits matter-op has stated its a clause the ex … I dont think its a benefits matter-op has stated its a clause the ex husband has for a payout on the house



................... Errrrrrrrrrr in reply to his opening question!!!

Hi, I've recently started a new relationship with somebody, I stay over at her house at weekends

How many nights can I stay there before I'm classed as living there.

Original Poster

Yeah he put a clause in the divorce stating that if she moved anyone in within 5 years then he got 25% on the value of the house at the time, Thats 50 grand she cant afford to pay out just now. Its a rubbish situation really, and in hindsight she knows she shouldn't have signed it.

Thanks for all the advice so far.

find her copy of the divorce which states the clause, then look at what defines 'moving in', if its not in there, then go see her solicitor that dealt with the divorce and the signing of that agreement, and see what they say

cant she come round to urs?

mikeflynn0297

find her copy of the divorce which states the clause, then look at what … find her copy of the divorce which states the clause, then look at what defines 'moving in', if its not in there, then go see her solicitor that dealt with the divorce and the signing of that agreement, and see what they say


This. Surely it must be clearly defined, to hold any water.

mikeflynn0297

find her copy of the divorce which states the clause, then look at what … find her copy of the divorce which states the clause, then look at what defines 'moving in', if its not in there, then go see her solicitor that dealt with the divorce and the signing of that agreement, and see what they say



This is the only thing you should be doing imo

mikeflynn0297

find her copy of the divorce which states the clause, then look at what … find her copy of the divorce which states the clause, then look at what defines 'moving in', if its not in there, then go see her solicitor that dealt with the divorce and the signing of that agreement, and see what they say



Another 'this' to this ^^^^

Original Poster

mikeflynn0297

find her copy of the divorce which states the clause, then look at what … find her copy of the divorce which states the clause, then look at what defines 'moving in', if its not in there, then go see her solicitor that dealt with the divorce and the signing of that agreement, and see what they say



Yeah this is what she'll be doing 2moro. Was just looking for a bit of information to keep me occupied in the meantime. Thanks

There is a difference between residence and domicile too - I would have thought for the clause to kick in, you'd need to be domicile - which is defined as having an intention to make the house your permanent home. I think the clause would need to be specific enough to define domicile and HMO (house of multiple occupation)...
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