The UK's largest and most visited divorce site.
Modern, convenient and affordable services.

We've helped over 1 million people since 2007.

 
Click this button for details of our
email, phone nbr and free consultations.
 

Occupation order- Ex trying to push house sale through

  • Benjyb
  • Benjyb's Avatar Posted by
  • Junior Member
  • Junior Member
More
21 Nov 24 - 21 Nov 24 #524613 by Benjyb
Topic started by Benjyb
Hi,

I live in the FMH, she's in a rented flat. The house went on the market a while ago and had an offer accepted and I've also had an offer accepted on another house. Currently trying to reach financial settlement but she is acting irrational and unreasonable in her demands. And as it stands she won't release the money from the sale until we reach financial settlement. And i won't be able to move to the house i've found.

She knows I don't intend to move unless I can move to my house. But trying to get me to say that in writing now. Feels like she's going to apply for an occupation order.

We have 50/50 custody of kids. They've been through enough without having to move. And I am seriously concrened with the mental impact living in a flat will have on me. Equally she is living in a flat and having the same mental issues. And it's all impacting the kids.

Can she apply for any sort of court order to get me out the house before we reach finacial settlement?
Can I just remain in the house until we reach financial settlement?
Is it possible she can apply/will get an occupation order?
How long does that take?
Can I appeal if she does?
Can I get a mesher order even though i could just rent a flat somewhere?

My solicitor has said the courts wouldn't look on me favourably if i let the sale fall through. Not really sure what tha means in practice.
Last edit: 21 Nov 24 by Benjyb.

  • WYSPECIAL
  • WYSPECIAL's Avatar
  • Moderator
  • Moderator
More
23 Nov 24 #524619 by WYSPECIAL
Reply from WYSPECIAL
Is there a court order that the house be sold?

If not then you are free to refuse to sell.

  • Benjyb
  • Benjyb's Avatar Posted by
  • Junior Member
  • Junior Member
More
23 Nov 24 #524620 by Benjyb
Reply from Benjyb
There isn’t and don’t know how she could get one or if she can before we reach financial settlement?

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

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.

 

We can help you to get a fair financial settlement.

Negotiate a fair deal from £299

Helping you negotiate a fair financial settlement with your spouse (or their solicitor) without going to court.


Financial Mediation from £399

Financial mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Orders from £950

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support from £299

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.