Occupation orders.

[Boboobear]

I’ve recently been to see a solicitor with regards to remain in the family home with my three children. The solicitor said that she would apply for an occupation order and a letter would be sent to my ex partner. my partner has moved out to be with another woman. As usual, the grass doesn’t seem to be greener and he’s now demanding that myself and my children leave the property so he can move back in. My name isn’t on the mortgage but my solicitor has applied for benefit of interest in the property because my dad did extensive work on the house when my ex bought it.
The intention from the start was that we live there as a family but things changed when he started seeing someone else.
Since my visit to the solicitor my ex has been arrested for harassment and DV but was released without charge, not enough evidence.
No letter has been received and my ex is still threatening to get into the house and lock me and his children out.
Does anyone know what the next step is for me. Do I wait until I hear from my solicitor? Also if my solicitor has applied for an occupation order, can my ex legally lock me out of the house?

Are you married or in a civil partnership?

Is your name on the property?

Are you paying your ex any thing that could be considered rent?

Are you on the mortgage? Or the deeds? What's to stop him just moving back in?

OP if you aren't married or in a civil partnership this is worth a read

https://england.shelter.org.uk/professional_resources/legal/relationship_breakdown/housing_rights_of_cohabiting_sole_homeowners/occupation_rights_if_one_partner_is_the_sole_owner

I suggest you contact your solicitor to see if they have applied for the order.

BTW over the years I know some people who have given their ex-partner money to ensure they moved out of their property and had no further claim on it.

I would be careful saying your dad did work on the house, because that is not you but your dad. Your ex could say that your don’t have a benefit of interest but you dad does. So your dad would then need to apply. It’s not black and white.