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Hi,
My relationship with my partner (unmarried) has broken down and I suspect that she is planning to carry on living in the family home with our kids, which is in my name only and I alone pay all the bills for - she pays for food only.
My question is this: can my partner apply to a court for an occupation order when we are unmarried and I own the house? My partner owns another house jointly with her mother and continues to pay the mortgage for this house even though she has not lived there for over 3 years.
As much as I love my kids and not seeing them everyday is going to kill me, I absolutely refuse to make myself homeless when she has another house she could live in with the children....geographically it is closer the school and childminder so there are additional benefits for her.
I would just like an idea of where I stand legally regarding this situation (we live in Scotland btw, so Scottish law would apply)
I would strongly suggest you have a short consultation with a solicitor on this - you may get a free initial consult, but even if you have to pay for a couple of hours (depending on the complexity) I think it will be money well spent in the long run.
Agree with actd, a friend of mine had this happen to him. His house and she got occupation order for a few weeks until he managed sort through courts.
Agree with the other comments. It is very challengable but you will be out of the property until a hearing date.
Curious as to why you moved out in the first place?
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