Occupation Orders?

2520years

After separating, I'm living in a house my wife and I originally let out, so we still have a joint mortgage.

I've lived here alone for two years, but now she's decided she's moving in and I've got to leave. I think she's realised the mortgage payments are very low and has seen pound signs in her eyes. She is also filing for divorce.

I can't afford to live anywhere else and am determined to stay, so I've been looking into Occupation Orders. They seem to focus on women who've been abused though.

Does anyone know the scope of these orders? How would I know if I would be eligible. She's tried to get in the house recently when I've been out, but she hasn't beat me up.

monty-doggy

It's not always a domestic abuse case, my OH got one a few years ago, his ex moved out of the marital home, when I stayed over a year lasted she went mad and tried to get the house bak. A solicitor sorted it for us.

tayforth

Isn't she currently in your marital home? Could you move in there?

2520years

tayforth wrote: »

Isn't she currently in your marital home? Could you move in there?

What she pays per month is nearly what I earn in a month. :eek:

I can only afford to stay put.


I'll have to go into debt to pay a solicitor for an Occupation Order, so I want be make sure I'll be successful. She hasn't done any damage, but it's my home and I don't want her coming and going as she could only be up to no good.

Does anyone know how much I'd have to pay, in total?

tayforth

I sympathise, OP. from your previous threads, it sounds as if she is making life difficult.

What about selling one or both of the houses and splitting the equity, then you can both move on? Or could you buy her out of the rental place?

monty-doggy

It cost us £500 in solicitors fees plus the court fee. I can't remember how much that was.

podperson

I do sympathise but it sounds like her filing for divorce may be for the best as then at least you can get everything split once and for all and you won't have these kind of things hanging over you.
If the house is in joint names then without something like an occupancy order then you can't deny her access - but neither can she make you leave.

Is the marital home that she's been living in also in joint names? Would there be any equity in either/both of the properties? As mentioned above you may be best looking at selling both of them then you can split any equity, have a clean break finance-wise and both hopefully move on.

I'm sure you think she's doing this to be spiteful (and perhaps she is, we don't know her) but is there a possibility that she is struggling with the payments on the more expensive house and that's why she's both trying to get the divorce sorted and wanting the property with the cheaper mortgage.

2520years

We haven't got any equity I'm afraid.

She's a spendaholic and since we've not been together she's got into financial trouble. I think she wants me out mostly, I'm not convinced she wants to live here long-term.

Yorkie1

I am not an expert but in the absence of 'protection' type issues I doubt that the courts will want to use the sledgehammer of an OO to crack what is essentially a family law divorce / finance issue.

Courts are very reluctant to interfere with peoples' rights (e.g. to their own property) unless there is a different right which has to take precedence. Particularly when an OO can come with power of arrest i.e. deprivation of liberty.

Thegirl

Go to Wikivorce and ask there. They offer good, free advice.

I *think* that due to the two years living there you have a right to privacy, so whilst she could come round to inspect the property in her capacity as being named on the mortgage-as in with notice and accompanied-I don't think she can just walk in.

Things in your favour: it's not the marital home; she's not lived there previously; you've been there two years with no previous desires for her to live there expressed.

She has no more right to evict you than you do to evict her from the marital home.
You need to divorce and get a consent order signed.

2520years

Thegirl wrote: »

Go to Wikivorce and ask there. They offer good, free advice.

I just looked at the Wikivorce website and rang them...they sound great! Thanks very much! :j