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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 33008
Experience:  Over twenty-five years experience
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I have a joint mortgage, my ex partner has left over 5 years

Resolved Question:

i have a joint mortgage, my ex partner has left over 5 years has not paid anything to the mortgage. today she has advised she will be gaining forced entry into the property where i live with my new partner and child. she has her own rented property and has no belonging s here what so ever
Submitted: 2 years ago.
Category: Family Law
Expert:  Thomas Judge replied 2 years ago.
Technically she would be able to enter and move into the property on the basis that the deeds are in joint names. You may wish to consider applying to the court for an occupation order. This can be done straight away. An occupation order is an order issued by the court which sets out who has the right to stay, return or be excluded from a family home.An occupation order doesn't change the financial shares in a home. It is usually a short-term measure and the length of time that it lasts will depend on your circumstances. In many cases an order will last for 6 or 12 months and some can be renewed. When applying for an occupation order you have to complete a court form and provide a witness statement setting out why you're asking for the order. Usually, the papers will be sent to the person you want the order made against to give them a chance to reply and prepare their own witness statement.Please rate
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