Q&As

Where the new partner of a spouse who remains in occupation of the former matrimonial home moves into that property, can the non-occupying spouse make a claim for the new partner to pay them rent in relation to that property?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 03/06/2019

The following Family Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Where the new partner of a spouse who remains in occupation of the former matrimonial home moves into that property, can the non-occupying spouse make a claim for the new partner to pay them rent in relation to that property?

Where the new partner of a spouse who remains in occupation of the former matrimonial home moves into that property, can the non-occupying spouse make a claim for the new partner to pay them rent in relation to that property?

It is commonly the case on the breakdown of a marriage that, by the time financial remedies proceedings come before the court, one or both of the parties to the marriage will have a new partner and may be cohabiting with them, either in a matrimonial property such as the former matrimonial home or elsewhere. In such circumstances, the court may take into account the resources of the new partner when considering a fair division of the matrimonial assets, if, for example, they are cohabiting in a property owned by the new partner.

In the course of financial remedy proceedings, particularly if there are limited assets, it may well be the case that there are insufficient assets to house both parties. As the welfare of the minor children is the court’s first consideration, this may mean that the party with the primary care for the

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