Hmmm…sounds very likely that they will be living together. “Joint tenants” to ME means living in the same place. I’m not sure what proof you’ll need. Is any one of them living there now?
No, unfortunately not. Owning property together, even with rights of survivorship, is not conclusive proof of cohabitation. You will need to prove your wife is living there through other means as well, things like establishing that she and her boyfriend have a joint account from which household bills are paid, showing that she receives mail there, and obtaining photographic evidence which shows that your ex is actually living in the house will need to be gathered.
Erin E. Clarey
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
How do I get “a joint account from which household bills are paid, showing that she receives mail there, and obtaining photographic evidence”?
You may subpoena bank all bank records to which your spouse has access and you may want to consider hiring a private investigator to do surveillance and take photographs. As for the mail, I do not suggest you go through anyone
I would like to know what it takes to cancel alimony.
My ex and her boyfriend (today and before the divorce) bought a house together. They may or may not live together. The house deed says, “joint tenants and rights of survivorship.” Is that enough to prove “cohabitation,” and cancel my alimony obligation?