Occupational Order

Posted By: Daniela on 09/09/2022 at 22:15

Hi Suzy,
I just wanted to ask you : Now that the landlord said they won’t let me change the locks and that I have a crime reference for theft, is it worth applying for Occupational Order? I know it’s gonna take a while, but I don’t see any other option for now, as I’m sure he won’t move out…
Thank you

Latest Comments 8

P.S. - if you can prove that it's not safe for your Ex husband to be staying in the flat then you can get him excluded. But it's a conversation you need to have with the police as it's a decision for them to make, not the family courts.

12:33 13/09/2022
suzy Miller

or... move out. That could be the quickest easiest route because he can't follow you. Unless you can get the landlord to make you the sole tenant on the tenancy agreement.

12:31 13/09/2022
suzy Miller

11:30 13/09/2022

Thanks for speaking to the solicitor Suzy. How much is a reasonable incentive? So maybe moving out is my quickest and cheapest option?

10:52 13/09/2022

Daniela - I spoke yesterday with a solicitor who also can represent people in court (so you don't need to pay out for a barrister). Without knowing all the full details, she said that (as I feared) that the only way to force your spouse to leave would be to define in the Financial Order that you and your child remain in the property and he must leave. If he agreed to that it would be a Consent Order/Clean Break - if he doesn't, then you need to use the courts to create that order. You could self represent with the help of the lawyer I was speaking with, but it's always possible that the judge will want to include your foreign property of the agreement. If you are the one with most need (doing most of the parenting) and your spouse is providing no child support, in theory it shouldn't be something that would need to be split, but you'd need a clear summary of your needs to present to the judge (Henry Elliston plus lawyer) to make sure of that. The whole thing could potentially take 18 months. So, your best option is to find some money and give your spouse a financial incentive to move out. Also make clear that if he doesn't you will be taking him to court, which will cost him money unless he wants to risk DIY. If you want to speak with her direct, she charges £250 for a 2 hour session.

10:08 13/09/2022
suzy Miller

If you urgently need your ex-partner to move out, you can ask the court to decide who stays in the home - this is called an ‘occupation order’. Citizens advice can help. If you live with your ex-partner and the relationship ends, you’ll usually have the right to stay in the home if you’re: married or in a civil partnership named on the title deeds or tenancy agreement So once divorced and if not on the tenancy agreement - then surely there are limited rights unless your ex has an occupational order.

13:31 12/09/2022
suzy Miller

My friend who is a legal secretary, and works for a solicitor who deals with disputes between landlord vs tenant asked the solicitor and he said that because he lived there he still has rights even after divorce regardless who's on the contract.

12:56 12/09/2022

I think you need to do everything legally available to you. So once you've given your spouse notice and he has responded (even verbally) then I would pay for some legal advice on what you can do to get him to leave after the divorce. You need a copy of your lease agreement and maybe chatting to a property lawyer (maybe via CAB?) to get clear on your legal standing, as you may not then need to talk to a family lawyer at all.

11:09 11/09/2022
suzy Miller
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