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Occupation order

  • garymorris
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3 months 20 hours ago #512072 by garymorris
Occupation order was created by garymorris
Me and my spouse have been separated for the last 6 months when they moved to another country. It is a short marriage with no kids.

We have a joint mortgage but all the payment is made by me from my bank account.

My spouse is now returning back to the UK

Can they make an occupation order or any other order to occupy or stay in the property ? Especially when we haven't stayed together for last 6 months.

Regards

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  • WYSPECIAL
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3 months 6 hours ago #512077 by WYSPECIAL
Replied by WYSPECIAL on topic Re:Occupation order
garymorris wrote:


Can they make an occupation order or any other order to occupy or stay in the property ?


Yes as it is the former matrimonial home.

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2 months 4 weeks ago #512080 by garymorris
Replied by garymorris on topic Re:Occupation order
Thanks.

Even after having stayed out of the country for a period of time?

If yes, what remedies I have?

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  • hadenoughnow
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2 months 4 weeks ago #512090 by hadenoughnow
Replied by hadenoughnow on topic Re:Occupation order
If the property is in joint names they have an equal right to occupy it.

They can really only be excluded if there is behaviour that makes it unacceptable for them to be there. This would be by way of an occupation order or undertaking to the court.

Does the property have more than one bedroom?

Is your ex actually back in the UK? In the current climate moving back in may in any case be problematic.

Are you in the divorce process? What stage have you reached?

Hadenoughnow

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  • garymorris
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2 months 3 weeks ago #512129 by garymorris
Replied by garymorris on topic Re:Occupation order
Yes the property is in joint names but the mortgage is paid by me.

\"This would be by way of an occupation order or undertaking to the court.\"

Do you mean me applying for an occupation order or them giving an undertaking to the court?
I was under the impression that given my spouse has been out of UK for 8 months, they cannot falsely allege any wrong behaviour against me to evict me or get an occupation order to stay. The property has 2 rooms.

No my ex was meant to be back but postponed due to Covid. Just recently applied for divorce last month.

Regards

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  • hadenoughnow
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2 months 3 weeks ago #512139 by hadenoughnow
Replied by hadenoughnow on topic Re:Occupation order
You can equally apply for an occupation order but the bar for getting one is pretty high. Success is more likely if there is a documented history of dv for example. The matter may be settled with a voluntary undertaking rather than an order.

First step would be to establish his actual intentions. He may just be winding you up.

Your best bet is to get moving on a financial settlement ASAP.

Hadenoughnow

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  • garymorris
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2 months 3 weeks ago #512145 by garymorris
Replied by garymorris on topic Re:Occupation order
Great,many thanks :)

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