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occupation order with a non molestation order?

(3 Posts)
abitwrong123 Thu 06-Feb-14 17:38:29


Husband was violent towards me and arrested. He has been staying elsewhere since then. It has been a week or so.
the mortgage is in his name, we have lived together in this house over 7 yrs. I pay half the mortgage and all bills apart from council tax.

I have a teenager who goes to school a couple of miles away, my childcare (as I work part time evenings) is literally next door to me and all dds friends are in the surrounding streets.
my job is less than 5 mins walk. I can afford to pay all the mortgage plus bills.

I was granted a non-mol this week and wr have a hearing next week for the occupation order.
Do you think it likely it will be granted? I can buy him out in approximately 12 months, he wants us removed immediately.
Hr earns a good wage, is a higher rate tax payer and can afford to rent if needed. Also has easy access to deposit.

I don't have any savings and a rental will be significantly higher than the mortgage.

any help appreciated!

STIDW Thu 06-Feb-14 22:00:16

From what is written it's likely an occupation order will be granted in the short term until a final financial settlement is reached and the former matrimonial home is either transferred or sold.

abitwrong123 Fri 07-Feb-14 11:16:29

Thank you for replying. My solicitor was very circumspect when I asked her how likely it was to be granted in my favour but I think she is probably just not wanting to commit. I know it has a lot to do with the judge on the day and what his counter argument might be so am trying to prepare for the worst.

am terrified though as we will literally be homeless if he gets an order to remove us. I have no funds whatsoever for a rental deposit let alone paying the monthly rent.

I want to be fair and make sure I either buy him out or we sell, I don't want to see him out of pocket but he seems to be convinced I'm trying to steal his house and that I'm entitled to nothing.

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