Occupation of the family home—cohabitants
Occupation of the family home—cohabitants

The following Family practice note provides comprehensive and up to date legal information covering:

  • Occupation of the family home—cohabitants
  • Occupation orders—right to apply and orders that may be made
  • Occupation orders—procedure
  • Occupation orders—provisions for repairs and payment of outgoings
  • Tenancies
  • Licences to occupy

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in England and Wales during the coronavirus (COVID-19) pandemic and until further notice, which profoundly affects normal practice, including requirements for the majority of family hearings to be dealt with remotely. For details about the changes to court processes and procedures during this time, see Practice Note: Coronavirus (COVID–19)—news and resources for family lawyers. In addition, the Coronavirus (COVID-19) toolkit provides easy access to news, practical guidance and Q&As from across a number of Practice Areas (subject to subscription).

With particular regard to injunctions under the Family Law Act 1996 (FLA 1996) Her Majesty’s Courts and Tribunals Service (HMCTS) has issued guidance: Coronavirus (COVID-19) contingency arrangements for Family Law Act injunctions which is intended to help make sure injunction applications are prioritised and victims of domestic abuse receive protection as soon as possible. See Practice Note: Procedure for an application for an occupation order—Procedure for an application for an occupation order—Covid-19.

Cohabitants have more limited rights of occupation than spouses, civil partners and former spouses and civil partners. The relevant legislation is the Family Law Act 1996 (FLA 1996), as amended by section 58(1) of the Domestic Violence, Crime and Victims Act 2004 (DVCVA 2004) and section 82 of the Civil Partnership Act 2004

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