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Stuart J
Stuart J, Solicitor
Category: Family Law
Satisfied Customers: 23730
Experience:  Senior Partner at Berkson Wallace
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I am applying for an occupation order- my ex would like to

Customer Question

Hi, I am applying for an occupation order- my ex would like to rent out the property and as result kicked me out we arguing over equity share. I have read that this is often based on a balance of harm test. There are children involved:My question is: would the fact that I cannot afford an equivalent property on the open market to spend quality with my children be considered.The whol eviction process was a shock and my GP is trying to get me into talking therapy to help with depression. Getting back into the property to sort myself and see the children would reduce this- could that be a factor considered.Finally if I do get an occupation - I would like my ex to spend time together as a family mainly for the benefit of the children.Looking forward to your response.Thanks.
Submitted: 15 days ago.
Category: Family Law
Expert:  Stuart J replied 15 days ago.

Hello. Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

are you married?

and what was the reason he kicked you out and why did you leave?

how old are the children?

Customer: replied 15 days ago.
We are not married but we’re engaged to get married
Customer: replied 15 days ago.
I was kicked out because the property is in her name but I’ve made contributions to both properties- there are two properties acquired during the relationship. The children are 6 and 2 years old. We have a good childcare arrangement where I will spend atleast half the time with them. I will look forward to your advice.
Expert:  Stuart J replied 15 days ago.

The only thing the courts would be interested in in cases like this is what’s in the best interest of the children and if the house is needed to provide a home for the children until 18, and thre is no surplus equity in it, then your ex renting it or forcing a sale is probably not on the cards if she wants to live in it with the children.

You potentially have a claim under part 4 of the Family Law Act but unless the children live with you, it is only likely to give you a temporary solution.

On the other hand, you probably have a substantial financial claim in respect of your contributions to the property but because of the children, you are probably not going to be able to realise that until the youngest child reaches 18.  It is having dependent children which changes everything.

I don’t know whether that answers the question for you or not because you have not actually asked a question.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards