A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020
Mon/Fri 9am-8pm       Sat/Sun 2pm-8pm
Call for FREE expert advice & service info

Occupation rights

  • circus
  • circus's Avatar Topic Author
  • Junior Boarder
  • Junior Boarder
More
2 years 11 months ago #496727 by circus
Occupation rights was created by circus
Hi There

my ex is going to be arrested in regard to harassment. The police advised to change lock(not done yet as Im torn between civil and criminal advice?!?)

What can he do to enforce his home rights?

i.e in the way of court?

Can he go to court and get them to let him back in? and will I be made aware of this?

Many Thanks

Please Log in or Create an account to join the conversation.

  • LittleMrMike
  • LittleMrMike's Avatar
  • Platinum Boarder
  • Platinum Boarder
More
2 years 11 months ago #496728 by LittleMrMike
Replied by LittleMrMike on topic Re:Occupation rights
You mention the word ' ex' - does that mean he is no longer your husband ?

Matrimonial rights occur where a house is occupied by a married couple but the property is in the sole name of one spouse. If he is a joint owner he has the right to occupy the property, unless excluded by the court.

Yes, your ex may apply to the Court for an order that you admit him
back into occupation.

You have the right to apply to the Court to exclude him on account of his behaviour. I hasten to add that this is a matter on which you would need legal advice. Yes, you will definitely be advised if he makes an
application to be re-admitted.

LMM

Please Log in or Create an account to join the conversation.

  • circus
  • circus's Avatar Topic Author
  • Junior Boarder
  • Junior Boarder
More
2 years 11 months ago #496731 by circus
Replied by circus on topic Re:Occupation rights
Thanks sorry I don’t mean ex.

What kind of order can he get? Will I be able to defend?
I’m not sure why he is doing this, we have been separated 4 months and divorce is on the way. :-(

Please Log in or Create an account to join the conversation.

  • WYSPECIAL
  • WYSPECIAL's Avatar
  • Moderator
  • Moderator
More
2 years 11 months ago #496732 by WYSPECIAL
Replied by WYSPECIAL on topic Re:Occupation rights
Whose name is the house in?

On what grounds is he excluded from the property?

Why is he going to be arrested? Be unusual to be arrested for harassment.

If you need an injunction due to domestic abuse it is usually quicker and easier to do it via the civil route. Get advice from National Centre for Domestic Violence.

Please Log in or Create an account to join the conversation.

  • circus
  • circus's Avatar Topic Author
  • Junior Boarder
  • Junior Boarder
More
2 years 11 months ago #496734 by circus
Replied by circus on topic Re:Occupation rights
Thanks

House is in my name(owned before marriage of 1 yr) The police advised I changed locks but I now know under civil, I shouldn't proceed with that.

I didn't actually exclude him as such - he got annoyed because the chain was on when he came by-and I became scared. and it escalated.

He threatened to take my car unless I let him in - so took the car. Also other things have been going on(messing with my finances etc)

Thanks very much

Please Log in or Create an account to join the conversation.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11