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Occupation Order info required.
#1
Hi, my ex who still lives in the same house as me has mentioned, after failing to get full custody of our little boy after I had to take her to court for an order, that she now is going to get an occupation order so she can continue to live in the house and I'll have to leave.

We are not married, the house is in my sole name but she has a beneficial interest in it.

Has anybody got advice on how to deal with these, anyone been successful in appealing them?

Thanks,
Andy
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#2
(12-18-2017, 06:16 PM)andynumpty Wrote: Hi, my ex who still lives in the same house as me has mentioned, after failing to get full custody of our little boy after I had to take her to court for an order, that she now is going to get an occupation order so she can continue to live in the house and I'll have to leave.

We are not married, the house is in my sole name but she has a beneficial interest in it.

Has anybody got advice on how to deal with these, anyone been successful in appealing them?

Thanks,
Andy

It is better to keep things on the same thread, as you asked about this issue on the other one.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#3
Sorry, the other thread was mainly about maintenance payment whilst this is about an occupation order?
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#4
(12-18-2017, 10:14 PM)andynumpty Wrote: Sorry, the other thread was mainly about maintenance payment whilst this is about an occupation order?

Yes, but the other issues brought up on the other thread are very relivent to how the occupation application would go.

Due to what you put on the other thread, I am not even sure your ex had a case. There is no suggestion of Domistic Violance etc on her.
To get an order, she needs to show she is at risk of it.


On the other hand, it appears to me, as if you have a case for one, based on her not wanting to cover her own costs of being in the house, or the childs, so while your providing eveything, she is seeking child support.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#5
I've tried again a couple of weeks ago to come to an amicable solution to our housing situation.
I've offered to get house valued or sold, both take out what we have put in and split any profit 50/50 after fees. Also if there is a shortfall in finance for a new home for ex and kids after her share and a mortgage I'd loan her some money until I stop paying maintenance. She still refused to enter into any negotiation.

A couple of nights ago she instigated an argument over me tidying the kitchen up and putting a candle holder away. She started shouting at me saying I was playing games and she demanded to know where it was. I explained I had tidied things away and it'll be in the kitchen cupboard along with some empty glass vases that had been left out. She made such a deal out of it but she wasn't prepared to just go open the cupboard to see they where there. She then shouted for her 10 year old daughter to come from the next room to witness what was been said. I repeated myself saying the items are in the kitchen cupboard if you want to go look.

She then started on about loads of other things to try and get me to bite back but I didn't.

The next day she texted me saying her daughter is now upset about what happened and didn't want to sleep at the house and it was my fault!

A last text from her stating she will now have to take things further as the situation of us both living in the same house is not working.

She has mentioned a few times now that her intention is to get me to leave the house and I fear that is what she will try.

Can anybody offer advice on Occupation Orders, what are the situations when you have no chance to appeal against them or what actions I need to take?

Thanks,
Andy
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#6
Anyone?
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#7
Havw you spoken to a solicitor about this? If not I'd lawyer up pronto as they will be able to advise on what preemptive steps you can take.
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#8
(04-23-2018, 07:31 PM)andynumpty Wrote: Anyone?

Stay out of her way as much as possible.
Walk away from all arguments.
Document all interactions.
When you are in her presence have a voice recorder on at all times.
As the others have said, speak to a solicitor and say you feel you are being coerced out of the house.


She's obviously being coached in ways of getting you out of the house.
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#9
(04-30-2018, 08:07 AM)watsa64 Wrote:
(04-23-2018, 07:31 PM)andynumpty Wrote: Anyone?

Stay out of her way as much as possible.
Walk away from all arguments.
Document all interactions.
When you are in her presence have a voice recorder on at all times.
As the others have said, speak to a solicitor and say you feel you are being coerced out of the house.


She's obviously being coached in ways of getting you out of the house.

She is absolutely being coached.  Unfortunately, I learnt that after I was manoeuvred out of my home despite police agreeing (and knowing with proof) that I had not done anything wrong.  She just started to make more vicious allegations.

The sad fact is that women's charities have a lot of free resources that provide enough material and ideas to women to destroy men's lives.  Their objective here is twofold: to get you out of children's lives and make a case for legal aid.

The worst thing now is the emotional abuse and coercion allegations - I'd be extremely careful around her but if she has made up her mind then chances are that she'll get her way eventually because as soon as police are involved, they will ask you to leave in order to stop things escalating further.

Take legal advice urgently and if you can find a way of pre-empting anything, do it.
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#10
She's texted me a couple of days ago saying that she is sending me an email which contains the house situation, she wants to change the child contact arrangements which I had to get an order for and maintenance payments!

Should be a good read ha!
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