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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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How do I enforce an occupation order when my husband has

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How do I enforce an occupation order when my husband has been violent, changed the locks, rented the house and left the country?
I have a 15 year old and a 16 year old
Thank you
Customer: replied 1 year ago.
The house is in his name. I wander how long I'll be able to live there. We've been married since 1992

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?

Customer: replied 1 year ago.
The occupation order hasn't been made. Divorce proceedings about to begin
No financial settlement- not there yet
I'm renting on my own with my children.
The circumstances- domestic violence, police called- he was detained overnight but released on 'no charge due to insufficient evidence '
I ran away with the boys cos I was terrified. A lawyer who met me at the domestic violence unit said due to the 'no charge' , my chances were slim .
I've been renting and working - all hours- and now I'm fed up and want back in.
My son tried to return a month after the incident- only to find a new family there.
I placed a charge on the house the minute I left.
Thank you
Customer: replied 1 year ago.
I'm available until 2pm, otherwise after 5:30pm
Customer: replied 1 year ago.
Thank you, I'm happy to resort to the online chat

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.

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

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

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