Question about ex-Hs access to property once divorce settled

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Please help. I'm trying to sort out living arrangements for divorce petition and need to know whether ex-H would have access to our home after the divorce has been finalised if the courts agree that me and DCs can stay in our own home. Need to decide whether to stay in temporary accommodation and go ahead with the sale of our home or whether to move back in and risk him trying to live with us...

no, of course he wouldn't have access - not unless you had a spectacularly useless solicitor! If it's awarded to you and dd in the settlement, it's your home and you have exactly the same rights as anyone else to decide who sets foot over the threshold. Even if it's the kind of settlement where eventually it's sold and you split the proceeds once dd has grown up and left home it's still your home and you decide who comes in - you just have to give him his share of the money when it's sold.

Thanks Edam. I know I can apply for an injunction when we first move back while we sort everything out but I think that is only a short term thing? My DD won't move back unless we change the locks and he can't get in :(

Talk to your solicitor about obtaining an occupation order that will give you the right to determine who lives in the marital home and/or, if he has been violent, a non-molestation order which will prohibit him from coming within a proscribed distance of you.

These orders are usually granted for six months or one year but can be renewed if required.