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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1156
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I didn't get a clean break and I now own my house where I

Resolved Question:

I didn't get a clean break and I now own my house where I live and there is a small amount of equity in the property. If my ex-wife was made homeless is there any way she can get occupation on my house. I understand they could look at the equity and say remortgage or sell it and hand her the equity but is there anything beyond that.
Submitted: 29 days ago.
Category: Family Law
Customer: replied 29 days ago.
She has never lived in my house and it was bought decades after our divorce.
Expert:  ukfamilysolicitor replied 29 days ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

If you bought the house after you divorced then its going to be very highly unlikley that a court would give your ex an occupation order.

If the house is in your sole name and you have already obtained decree absolute then your ex has no rights of occupation in respect of your home.

If your ex was to try and get an occupation order then she would have to convince a court that the balance of harm required her to live there and not you. This is far from easy for her.

kind regards

Caroline

Positive feedback is gratefully received

Customer: replied 29 days ago.
What would be the "balance of harm" as in she has a job and a partner she's not incapacitated but she could have to rent a house in future.
Expert:  ukfamilysolicitor replied 29 days ago.

Hello

Thank you for your response.

Please accept my apologies for my delay in responding to you.

Really the balance of harm test is whether it is in the courts opinion better for her to be there then you. Its quite a high test. If you dont have children together and she has never lived at the property and she has another partner then I doubt a court would give her an occupation order. Its your home and why would a court want to make you homeless so that she has somewhere to live.

kind regards

Caroline

Positive feedback is gratefully received

Customer: replied 29 days ago.
Thanks, ***** ***** have a link to any case where a balance of harm test has led to an occupation order. We had children but they are nearly grown up and she will be able to stay in the house where she now lives with her partner until they are grown up. After that her and her partner will need to house themselves, this is my concern.
Expert:  ukfamilysolicitor replied 29 days ago.

Hello

There are cases where occupation orders are made. Lots of these cases go unreported.

This article summarises the law quite nicely:

http://www.familylawweek.co.uk/site.aspx?i=ed161661

If the children are going to be adults then you really do not have to worry.

I appreciate that you didnt get a clean break before but it may be worth pursuing one now to prevent her from making a claim in the future.

Kind regards

Caroline

ukfamilysolicitor and other Family Law Specialists are ready to help you
Customer: replied 29 days ago.
Agreed I think this would be a good time to do that.