Occupation Orders Relate to Property Ownership
Occupation orders are a type of order that can be made by the family court that sets out the rights of people living in a property. They are a short-term solution and won’t impact the final outcome of the property settlement. They can also be used to define who pays for utility bills, mortgages and rent on the property. They can also distinguish between different parts of the house for separating spouses (or cohabitees) who need to live in separate rooms.
An occupation orders is often a last resort for those who have been abused or threatened with violence by their partner. They can be used to prevent the perpetrator from returning to the home, even if it’s their legal owner. The judge who makes the order will look at whether it’s necessary to protect you and if it is in the best interests of any children involved.
Depending on the circumstances, the judge may choose to grant an occupation order that prevents the person from entering the property altogether or only allows them access in certain areas of the property. The judge will also consider other factors that include the safety of you and any children, your housing needs and resources, and the financial resources of the respondent.
How Do Occupation Orders Relate to Property Ownership?
Anyone who can prove that they are classed as an ‘associated person’ can apply for an occupation order. This includes a spouse, civil partner or cohabitant who lives with you, close relatives or someone that has had an intimate personal relationship with you for a significant period of time. Unlike non-molestation orders, an occupation order can be made against any associated person, regardless of age or gender.
In addition to protecting the applicant from harm, an occupation order can also restrict the other party from selling or dealing with the property. This is useful for partners without legal ownership who are worried that their spouse or civil partner could attempt to sell the property from under them. Essentially, the order prevents anyone that is an owner, contract-holder or has a beneficial interest from selling the property until the family courts decide otherwise.
An occupation order is only a temporary solution and can only be in place for up to six months at any one time. In order to extend the length of the order, you would need to make another application to the court. It’s essential that you present strong evidence to show why the extension is needed, especially as the judges are required to consider all the above statutory criteria. For this reason, you should always consult an experienced family lawyer when applying for occupation orders. They will be able to advise you on what type of evidence would be most persuasive and help your case succeed.
Occupation orders can serve various purposes, such as preventing the alleged abuser from entering the home or requiring them to leave. The order can be temporary or longer-term, depending on the circumstances, and the court considers factors such as the safety of the applicant, children involved, and each person’s legal rights to the property.