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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 32979
Experience:  Over twenty-five years experience
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My husband and i separated six weeks ago. He has moved into

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my husband and i separated six weeks ago. He has moved into his aunts house til we get sorted. We have four children aged five, four and one year old twins. He has told me today that he intend to move back into the marital home and i cant stop him. He has turned nasty and says he is going to take me to the cleaners and that i should be afraid and watch my back. Can he just move back in.
Submitted: 1 year ago.
Category: Family Law
Expert:  Thomas Judge replied 1 year ago.
If he has turned nasty then you can apply to the court for an occupation order. 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.An order can only be made for a property where you both live, did live, or intended to live in as the family home.Occupation orders can do a number of different things. However, what you may be able to apply for depends on your circumstances including whether you are or were married, in a civil partnership, or living with your partner, and who owns or rents the property. An occupation order could do one or more of the following things:enforce a right to stay in the family homeenforce a right to return to the family home, for example, if you've been locked out when you shouldn't have beenexclude someone from the family home even though they have a legal right to be there, for example, excluding a spouse because of their violence and abuseset out who has to pay the rent or mortgage and repair and maintain the family homegive a right to stay in the family home for a specified period and prevent your partner from evicting you during that time. For example, if you don't have an automatic right to stay after your relationship breaks downset out which parts of a home can be used by whom, for example, where you both have to live in different parts of the same homeprovide that home rights are not brought to an end by the death of a spouse or civil partner or by ending the marriage or civil partnership.I hope that this helps. Happy to discuss. Please rate positively - thanks
Customer: replied 1 year ago.

what do you suggest I do whilst waiting for a court order. He told me last night that he has been advised I cant stop him coming back into the house and that is what he intends to do. I intend to instruct a solicitor but as it is the bank holiday weekend am afraid.

Expert:  Thomas Judge replied 1 year ago.
I would advise him that you are taking him to court if he comes around over the weekend. If you are frightened of him then I would also be minded to contact the police. You can make an emergency application to the court on Tuesday. Even if he comes back into the property the court can make an order to remove/exclude him.
Customer: replied 1 year ago.

my question really is...does he have a legal right to enter the home.

Expert:  Thomas Judge replied 1 year ago.
Whose name is ***** ***** in?
Expert:  Thomas Judge replied 1 year ago.
As it is in joint names then he is allowed to return to the property. So yes he is, which is why if you are concerned you can apply to the court for an occupation order.
Customer: replied 1 year ago.

not sure how you could send the last response without receiving a reply to your question.

Expert:  Thomas Judge replied 1 year ago.
You gave a negative rating - is there anything else you need to know?
Customer: replied 1 year ago.

already done so

Expert:  Thomas Judge replied 1 year ago.
Because you stated at the beginning that it was the matrimonial home and hence the answer I needed.
Customer: replied 1 year ago.

wrong to assume. A marital home is surely somewhere that a married couple live regardless of whose name is where.

i feel rather let down by that assumed response. I would like to end now please

Expert:  Thomas Judge replied 1 year ago.
Thank you for this. I am sorry that you are disappointed. I am merely trying to help with this difficult situation for you. It is not a question of assuming it is simply setting out the law for you from what you have written. I can see how disappointed you are that he is entitled to move back in, but that is why I have set out what you need to do in law
Customer: replied 1 year ago.

how do i end this please. I have nothing further to discuss with you.

Expert:  Thomas Judge replied 1 year ago.
Thats fine
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