[Solved] Occupancy Orders

Hi there

You should be given a chance to put your case forward during the court proceedings.

The fact that your children are independent might help your situation, but as your wife she also has rights and she may apply for a beneficial interest in the property. As you are married, regardless that the property is solely in your name, she could have a claim on it.

Here's a link that might help to explain Occupancy Orders, but my advice would be to get some legal advice. Some solicitors offer a free initial consultation which might be helpful to get some information about your situation.

https://www.citizensadvice.org.uk/relationships/relationship-problems/relationship-breakdown-and-housing/common-issues-relationship-breakdown-and-housing/relationship-breakdown-and-housing-occupation-orders/

Thanks for the link,

Read that in cases you can share the home ?

Can anybody explain how that works as it seems risky.
Is it like bedroom 1 out of bounds for me and bedroom 2 out of bounds for her ? I dont understand that because normally a Occ Order normaly follows a non mol order.

The logic is there but both parties surely would have to agree to a share and if so the applicant contradicts the non mol surely ?

When an Occupancy application goes hand in hand with a NMO application I would agree, but from the information provided in the link above, it doesn't t always have to be the case. Where there are no allegations of domestic violence but the wife wishes to stay in the family home with the children then I think the court will look for solutions for all involved.

I'm no expert on this side of things and that's why I suggested you seek legal advice.

Thanks,

If i was to show evidence of abuse and assault from spouse. How would the court see this ? eg would they assume 6 0f 1 half a dozen of the other, remove the mol , cross/undertaking or occ order.

Its very difficult in theses situations, for example...

Suppose spouse has gone too far and realises that its a heat of moment thing and that its OTT and suppose other spouse agrees its now got out of hand.

Solicitors in my opinion can make matters a whole lot worse as they only have you in their interest which i understand.

But when a couple a been together for many many years they know when they are crying wolf and know whether its the real deal.

So lets say the couple do in fact wany to continue relationship but have already enaged in court .....bearing in mind they may not have any contact how would such a. couple get out of the hole one of them has dug ?

Hope you understand what i mean....this matter has so many permutations im trying to understand just a few.

Your thoughts please..

I think it would have to be documented evidence from the police, GP or other agency and even then I'm not sure how the court would view it.

If your spouse wants to withdraw her allegations and back track she or her solicitor would need to inform the court, there may be repercussions for wasting court time...again I'm not an expert, this is just my opinion.

If a couple reconciled during the court proceedings, I would imagine that the court would need to be informed and the case would the. be closed....again just my opinion.