What is an occupation order?
Occupation orders are issued by the family court to set out who has the right to live in a home.
We often see orders of this nature where there have been accusations of domestic violence, or of someone being forcibly removed from their home. They may not be the legal owner but will have a right to live there by virtue of them being married to the owner.
Similar orders can be made for those in other cohabiting relationships; however, the duration of these orders is much shorter.
An order may:
- Enforce the applicant’s entitlement to remain in occupation against the other person (the respondent)
- Require the respondent to permit the applicant to enter and remain in the dwelling-house, or part of the dwelling-house
- Regulate the occupation of the dwelling-house by either or both parties
- Prohibit, suspend or restrict the exercise by the respondent by their right to occupy the dwelling-house
- Restrict or terminate the rights of the respondent if they have home rights in relation to the dwelling-house and the applicant is the other spouse or civil partner
- Require the respondent to leave the dwelling-house or part of the dwelling-house; or
- Exclude the respondent from a defined area in which the dwelling-house is included.
These can be useful orders in removing an alleged abusive partner from the home or allowing someone who would otherwise be excluded to remain living there.
How can an occupation order affect the sale of a property?
Partners without legal ownership can often worry that their spouse or civil partner will attempt to sell the home from underneath them. The law allows those partners to register a home rights notice, which acts much in the same way as a charge – preventing the legal owner from selling or dealing with the property.
Home rights will ordinarily come to an end when the marriage is terminated. However, the court has jurisdiction to extend home rights within an occupation order indefinitely, which will remain charged against the home even after the marriage has come to an end.
Longer term, an occupation order or home rights notice will delay a sale in that the legal title cannot be transferred. This does not prevent you into entering discussions with a proposed buyer, although you will first need to have made progress towards a settlement in a divorce, or how your partner’s home rights will be addressed.
Any agreement would include the non-legal owner removing their home rights notice and would also address any outstanding court order extending such rights.
If you find that a matrimonial home rights notice has been registered against your property or have received notice of an occupation order being made against you, it is important to obtain specialist advice immediately. You could be the respondent in court proceedings and failure to respond could lead to orders being made against you.
For more information and to find out how we can help you, please contact us on 0345 646 0406 or fill in our online enquiry form and a member of our Team will be in touch.