Occupation orders

A question we are often asked is can I make my ex leave the house?

Where either joint owner cohabitant wants to stay in the home and for the other person to leave, they can apply for an occupation order as long as they are entitled. 

An Occupation Order is a short-term solution, and it doesn’t reflect what will happen to the property once the final divorce settlement is reached. Occupation orders are often used in both violent and non-violent relationship breakdown situations.

The court may decide that the order can last indefinitely, for a certain length of time or until a specific event such as a divorce. An occupation can declare, extend or grant rights to occupy a property and/or control or restrict existing rights to occupy all or part of a property.

The court will consider a number of criteria when an application is made. This includes:

• Housing needs and resources of both parties and any children, taking into account whether either party would qualify for rehousing.
• The financial resources of each party.
• The effect the order will have on the health, safety or well-being of both parties and children.
• The conduct of both parties.

The court will also look at the Balance of Harm Test which is the likelihood of significant harm to either party or child if the order is made vs if the order is not made. Harm is defined as ill-treatment or impairment of health and for children under 18, the impairment of development. Ill treatment also includes non-physical forms. Health includes both physical or mental health and in relation to the child’s development, this could include physical, emotional, social or behavioural development.

The court can also attach other provisions to the order which impose obligations such as to repair or maintain the property or take responsibility for the mortgage or outgoings and granting use of furniture and contents and to take reasonable care of the furniture, contents and home generally.

Where a couple are not married but the former cohabitant is a joint owner then they can still apply for an occupation order as an entitled applicant.

We offer a one-hour fixed fee consultation for £200 plus vat.  For all matters relating to divorce and separation, get in touch with our team today.

Sunita Chauhan can be contacted at s.chauhan@gullands.com