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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2727
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I had applied for an occupation order for my sole tenancy

Resolved Question:

I had applied for an occupation order for my sole tenancy agreement property. My ex husband applied for the tenancy to be transferred to him during the case. Since the case has been in court my divorce has been finalised. Where do I stand regards ***** *****?
Submitted: 11 months ago.
Category: Law
Expert:  Harris replied 11 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are you in England or Wales?

-Has a final order been made regarding the occupation order?

-Has your ex-husband pursued an application for financial relief to transfer the tenancy, if so has this been finalised now?

-Who is now living in the property?

Customer: replied 11 months ago.
The final order is 22/09/16.
No application for financial relief has been made.
I fled the property 01/03/15 with my children.
I am in England.
Customer: replied 11 months ago.
Do I still need occupation order if divorced?
Customer: replied 11 months ago.
Ex husband and his 3children
Expert:  Harris replied 11 months ago.

Thank you. If the tenancy has not been transferred to him and remains in your sole name he no longer has a right to occupy it as a divorce has been granted and he can be removed from the property as he is not entitled to reside there. However, as he appears to have the care of the three children he can apply to court to remain there for the children's benefit.

If you wished to return to the home to reside and care for the children the most straightforward way is to seek an occupation order to return and exclude him from the property.

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 your question without a positive rating. Thank you.

Customer: replied 11 months ago.
The children in the property are not mine. I have mine with me.
Expert:  Harris replied 11 months ago.

I see, in any event he no longer has a right to occupy the property and you should consider the above information to progress matters

Customer: replied 11 months ago.
How can I get him out of the property?
Expert:  Harris replied 11 months ago.

The occupation order will be the most non-confrontational way. Otherwise, the police can be contacted and their views obtained on assisting as he has no legal right to be in the property.

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