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Joy Nicholas
Joy Nicholas, Lawyer
Category: Family Law
Satisfied Customers: 1829
Experience:  Lawyer
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I have been separated from my ex wife for 20mths whilst

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I have been separated from my ex wife for 20mths whilst going through a messy legal divorce. I rent another property but I maybe forced by the courts to pay the mortgage. If this is the case, do I have every legal right to move back into the property or can she legally block this? Both of our names are ***** ***** mortgage deeds
Hi, thank you for your message. I am sorry to hear about your situation. Yes you have a right to stay at the property. I would advide you apply for an occupation order. An occupation order is a type of injunction which deals with who lives at the family home. An occupation order can order your partner to move out of the home or to stay away from the home
In order to apply for the occupation order you will need to fill out the form: https://www.gov.uk/government/publications/form-fl401-application-for-a-non-molestation-order-occupation-order
The form asks you for your:
name and contact details
ex-partner’s name and contact details, if you have them
mortgage details, if you have one
reasons for applying
You’ll also need to write out a ‘witness statement’ and attach it to the form. This is an opportunity to explain why you need an occupation order - for example because you can’t afford to move anywhere else right now. Write ‘I believe that the facts stated in this witness statement are true’ at the bottom of the page, and then sign and date the statement.
Send 3 copies of your application to your nearest court. They’ll arrange for a copy to be sent to your ex-partner and will ask them to write their own witness statement, and one copy will be sent back to you to keep. The court will get in touch with a date for the court hearing. If you’re worried about being in court with your ex-partner, you can ask to have the hearing in separate rooms. To find your nearest court you can use this function: https://courttribunalfinder.service.gov.uk/search/postcode?aol=Housing%20possession
I hope this helps.

I hope this helps. I would appreciate if you can please give me a five star rating for answering your question today, top right corner of your screen. I wish you all the best in dealing with this matter.

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