Hi, thank you for your question. Just a bit more information required to fully assist you:
-Will he be consenting to the divorce?
-How old are you both?-How long have you been married?-Do you have any children together, if so their ages and proposed arrangements?-What other assets and pensions do you both have (both sole and joint), together with values?-What are your respective incomes?-What property is the occupation order in relation to?
-Where are you both living now?
Thank you for the detailed information. To confirm, are you intending to pursue a return to the property (with your partner) and to occupy the property full -time and take on the mortgage solely?
Thank you for confirming. In the circumstances it would be better to focus on the divorce and financial application and to seek a return to the family home if you can prove that you can maintain the outgoings on the home and take over the property.
Occupation orders are more difficult to obtain and you will need to prove that it is necessary, usually for interests of health and safety, to remove him from the property and for you to occupy it to his exclusion.
I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you