Occupation order please help

[Giraffe888]

I know this might not be the best place but posting for traffic.

after 11 years of physical, emotional and verbal abuse I’ve told my ‘DH’ that I want to separate. He’s refusing to move out of the house we own (mortgage) together

does anyone know how long an occupation order might take to get? And if granted, how long it might grant me to stay in the house? We have 3 children.

many thanks

You need to see a solicitor for legal advice that is specific to your circumstances. This is some information from Shelter:

https://england.shelter.org.uk/professional_resources/legal/relationship_breakdown/housing_rights_of_cohabiting_joint_homeowners/occupation_orders_under_family_law_act_1996_for_cohabiting_joint_owners

I recently applied for one and it took just under 3 weeks to put in place as an interim arrangement then there will be a next hearing in a few weeks. I had to meet with the judge by myself 12 days after the initial application and she told me to leave the house with the children due to safety concerns and wait for him to be served. He was then only served 20h before the return hearing 6d later and so turned up asking for it to be adjourned. But the judge said I needed to be able to return to the house with the children and that he had to be out by 4pm 2d later. He proposed staying in the garden office as an interim measure which the judge agreed to for now but I really don't think is workable/safe. Not least because he piled the house up with bags/boxes before vacating to make it unliveable for me and the kids (see my recent post). If he contests it I have been told it is likely to go to a fact finding hearing which is very expensive. But I have a lot of evidence so hope it would be taken seriously and facts found against him will also help the child arrangements.

I have been told they only tend to be 6m or 12m maximum though can sometimes be extended. So essentially a holding measure while plans for the house etc are sorted rather than being long term. And I have also been told to come up with a financial proposition so it sounds like I will have to take over the entire mortgage and bills myself during it which will mean eating through savings. I did the statement and application form myself and a solicitor who my IDVA put me in contact with checked them for free. Though I will now have to pay for representation as been told i am not eligible for legal aid. Do you have an IDVA involved? They should be able to help.

Sorry just seen this is in fact an old thread! It came up as if it was new. Hope you got it sorted anyhow.

@Iristhebutterfly i did get it sorted. I applied for it ex parte on the Wednesday and it was granted on the Friday. He agreed to the order so thankfully didn’t need to go to court and it’s in place for 12 months

Great! So pleased you got it sorted. That must be such a relief.