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Hi, thank you dor your question. Please confirm:
-Are you in England or wales?
-Do you have any children together, if so how old are thry and with who do they live?
-when did you separate?
Thanks for confirming. You are legally allowed to apply to court for an occupation order but as your solicitor has stated, this is a temporary measure for short-term purposes. As you are not married you cannot apply to have the property/tenancy transferred to your name and intention of marriage does not create such a right - you must have been married to apply to court for this.
If you are unable to financially meet the housing needs of the children and the father can, you would be entitled to apply to court under the Children Act for the father to make property or money available to house the children for a certain time (eg. until they finish education). Such an application can be pursued using Form A1 and a £255 court fee to your local family court.
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