Legal Question in Family Law in Nevada

Expartner cohabitting with new partner in former family home

My husband's ex partner (they were not married) lives in the family home for which he pays entire mortgage and �540 to the Child Support Agency. They have two children. She has baby with boyfriend who has moved into my husbands house. They pay nothing. Can he get this changed. He has offered to transfer the house and �100k equity to her, to buy her a new smaller house etc. but she will not leave the house. What is the legal aspect on her now cohabitting. Do we really have to pay for her boyfriend to live free of charge. Please help


Asked on 1/20/04, 9:21 am

1 Answer from Attorneys
James Smith James E. Smith Ltd.

Re: Expartner cohabitting with new partner in former family home

Unfortunately the cohabitation rules which affect alimony and terminate it under these circumstances do not apply to ex-partners. Also I do not know if the child support in the form of a mortgage payment is a contractual obligation he has assumed. If it is and it does not say anything about cohabitation then he is stuck with it. Otherwise it would be necessary to file a petition or motion in Family Court and seek some relief there. Obviously he cannot get out of child support but he should get relief from the palimony he is also paying.

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Answered on 1/20/04, 12:52 pm


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