Hi, thank you for your question. Please confirm:
- when the occupation order was made and when it expires?
- has there been a Financial settlement, if so what are the terms?
- have you divorced?
- where are you now living?
Apologies for the delay in responding. I have considered your further information and your original question. There is no occupation order in place, therefore there is no order you can enforce - but you can pursue to obtain one if you seek to return to the property. If you have found alternative accommodation with the children your chances of an occupation order application being successful are low. However, as part of a divorce you are entitled to apply for financial relief which can include spousal maintenance and a claim for the home, or a division of it - as well as the wider matrimonial assets.
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