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Occupation rights

  • circus
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05 Oct 17 #496727 by circus
Topic started 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

  • LittleMrMike
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05 Oct 17 #496728 by LittleMrMike
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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

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06 Oct 17 #496731 by circus
Reply from circus
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. :-(

  • WYSPECIAL
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06 Oct 17 #496732 by WYSPECIAL
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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.

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06 Oct 17 #496734 by circus
Reply from circus
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

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