Variations in Occupancy Orders
Divorced Couples
This is applicable if your ex-husband has an interest in the property, or an agreement allowing them to live at the property, or he is entitled to stay at the property because the property was intended to be the matrimonial home.
An Occupancy Order can:
- Stop your ex-husband from evicting you from the property (or part of it.)
- Impose a set of rules about living in the property
- Take away your ex-husband’s right to live in the property
- Order you ex-husband to leave the property (or part of it.)
- Exclude your ex-husband from an area around the property
Unmarried Couples and Same Sex Couples Who Live Together
This is applicable if you own a property together, or have an interest in a property in which you both live, or the law says you have a right to live at that property.
An Occupancy Order can:
- Allow you to stay in the home if your partner is trying to get you out
- Allow you back into the home if you have been thrown out
- State that your partner must live in separate parts of the home
- Order your partner to leave part of, or all of the home
- Exclude your partner from coming within a certain distance of the home
Your Partner Owns the Property or has his Name on the Tenancy
This is applicable if you have no named rights over the property.
An Occupancy Order can:
- Prevent you from being excluded from the property, or any part of it
- Allow you to return to the home and continue to live there
- Impose a set of rules about living in the home
- Take away your partner’s right to live in the property
- Order your partner to leave the home, or part of it
- Exclude your partner from a defined area around the home
Neither of you Own the Property or have Rights to it Under Law
An Occupancy Order can:
- Allow you to return home and continue living there
- Impose a set of rules about living in the home
- Order your partner to leave the home, or part of it
- Exclude your partner from a defined area around the home