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occupation order

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  • occupation order

    First time posting here, so bare with me.

    18 months ago my wife had an affair, I left the home for 2 days and returned to find the locks changed.

    The next 18 months have involved ignorance from my landlord the council and going round in circles trying to get back into my property.

    Throughout this time a lot of my possessions have remained in the home? Currently she has now emptied the house, removing doors, carpets and my possessions.

    I have since found out my wife is leaving the property and moving to Essex.

    Last week I visited my solicitor to start divorce proceedings (two years sepperation) who started the proceedings for an occupation and non molestation order.

    I was aiming to have the tenancy transfered into my sole name through the divorce proceedings.

    My wife was issued with the papers on Saturday, and within ten minutes her self and family were hammering on my parents door demanding and threatening.

    I have heard off my solicitor today that my wife has told her own solicitors that she has now given notice on the Tennancy, thus ending the tenancy for both of us.

    I am gutted, as it surely now makes any possible chance of gaining an occupation order preventing her signing off the tenancy impossible. I feel there is little or no point even going to court on Monday.

    Throughout my abscence in the home, I have continued to pay rent and contribute to any arrears on council tax etc.

    I really don't know what to do now, my wife refused to assign the tennancy into my sole name, and has been nothing but spiteful throughout all of this.

    Any advise would be welcomed.

    Andrew
    Tags: None

  • #2
    Re: occupation order

    The Shelter website has some useful information on the subject: http://england.shelter.org.uk/get_ad...upation_orders

    Comment


    • #3
      Re: occupation order

      Ending joint tenancies

      If only one of you wants to end the tenancy and the other joint tenant(s) want to stay in the property, your council may:

      give the remaining tenant(s) a new tenancy at the same property
      not give them a new tenancy – eg because the property could be offered to another couple or family

      If one joint tenant dies, the tenancy continues for the surviving tenant(s).

      If you and your partner divorce or your relationship breaks down and you can’t agree on who gets the tenancy, a court can decide this.
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #4
        Re: occupation order

        Originally posted by Amethyst View Post
        If you and your partner divorce or your relationship breaks down and you can’t agree on who gets the tenancy, a court can decide this.
        A Smith and Wesson is faster. :grin:

        Comment


        • #5
          Re: occupation order

          Do you have any children?

          Comment

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