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

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Occupation Rent

  • humdrum
  • humdrum's Avatar Posted by
  • Premium Member
  • Premium Member
More
21 Jun 12 #338258 by humdrum
Topic started by humdrum
I have seen posts from some years back that suggest that it is difficult to get an award of occupation rent. But wondered why and whether that is still true.

I left the FMH with the kids, my stbx refused to move and effectively drove me out. stbx remains there with no housing costs as we paid off the mortgage some time ago (we own jointly). I am paying rent and it is crippling.

Is there any chance of getting occupation rent at Ancillary Relief hearing? What would I have to do?

  • sexysadie
  • sexysadie's Avatar
  • Platinum Member
  • Platinum Member
More
22 Jun 12 #338278 by sexysadie
Reply from sexysadie
It won''t hurt to ask - you could make your current situation clear and see if the judge accepts it.

Best wishes,
Sadie

  • cookie2
  • cookie2's Avatar
  • Platinum Member
  • Platinum Member
More
22 Jun 12 #338295 by cookie2
Reply from cookie2
No, not a cat''s chance in hell. The whole point of an Ancillary Relief hearing is to simplify and sever your joint finances, not to make more complicated connections.

You could however, apply for spousal maintenance, or maintenance pending suit. This would work out much the same for you (he gives you money each month), and it would be more difficult for him to vary. It''s a much more standard and simple way of handling things. If he were paying "rent" then what would happen if he wanted to move, sell the house, move a new GF in, remarry, had more kids, wanted to move abroad, lost his job, etc etc. There are so many situations where paying "rent" would turn into a nightmare. SM is much more simple: he pays it until a court says he can stop.

  • sexysadie
  • sexysadie's Avatar
  • Platinum Member
  • Platinum Member
More
22 Jun 12 #338305 by sexysadie
Reply from sexysadie
Cookie, couldn''t humdrum ask for occupational rent while the Ancillary Relief process is going on? He presumably can''t sell the house etc. until the finances are settled anyway if she is joint owner.

Best wishes,
Sadie

  • cookie2
  • cookie2's Avatar
  • Platinum Member
  • Platinum Member
More
22 Jun 12 #338312 by cookie2
Reply from cookie2
Maintenance pending suit would be a much better way of achieving the same result (money going from him to her).

If she tried to get rent I expect her husband would say, "Oh but I never kicked her out, she left by her own choice. I have never excluded her from the house. She is more than welcome to move back".

A claim for maintenance pending suit would not be so easy to dodge.

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
More
22 Jun 12 #338314 by dukey
Reply from dukey
How long ago did you move away from the former matrimonial home?.

  • humdrum
  • humdrum's Avatar Posted by
  • Premium Member
  • Premium Member
More
22 Jun 12 #338466 by humdrum
Reply from humdrum
Nearly a year a half ago. Haven''t started Ancillary Relief yet, but I understand it could take quite a long time yet.

Trouble with maintenance pending suit is that I earn a bit more than x.

the beauty of occpation rent is that it provides an incentive for the other party to participate in getting things sorted out. At the moment the longer things take the better for x who is living unrealistically cheaply.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11