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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Property Law
Satisfied Customers: 894
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My ex-wife and I separated twenty years ago after a three

Customer Question

My ex-wife and I separated twenty years ago after a three year marriage and we went to court some years later but didn't get a capital clean break. I have a house that I own on an interest mortgage and she is living in another house but I know that at some point in the future she will have to leave that house. She has never lived in the house I currently own and live in and it was not the matrimonial home. She has a partner that she has lived with for years and our kids are adults.
My question is if she is unable to find alternative accommodation I know she can apply for ancillary relief and force me to sell the property and take any capital but can she apply for an occupation order on my property. I have no contact with her so she cannot claim domestic violence. I am concerned about being removed from my house outside of the ancillary relief process.
Submitted: 11 months ago.
Category: Property Law
Expert:  ukfamilysolicitor replied 11 months ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- did your ex ever remarry?

kind regards

Caroline

Customer: replied 11 months ago.
No she didn't.
Expert:  ukfamilysolicitor replied 11 months ago.

Hello

Thank you for your response. That is a shame - she wouldnt have a right to make a claim in respect fo the matrimonial finances at all if she had.

In relation to an occupation order - as she is a former spouse with no right to occupy and the house was never intended to a be the matrimonial home that she is not going to be able to apply for an occupation order.

This is set out in the Family Law Act section 35 (1) b and c:

http://www.legislation.gov.uk/ukpga/1996/27

kind regards

Caroline

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