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

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