Q&As

Where a council tenancy for a matrimonial home is in one spouse’s sole name, can the other spouse apply for an occupation order to remain in the property and would they have home rights that can be registered?

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Published on LexisPSL on 21/09/2018

The following Family Q&A provides comprehensive and up to date legal information covering:

  • Where a council tenancy for a matrimonial home is in one spouse’s sole name, can the other spouse apply for an occupation order to remain in the property and would they have home rights that can be registered?

Where a council tenancy for a matrimonial home is in one spouse’s sole name, can the other spouse apply for an occupation order to remain in the property and would they have home rights that can be registered?

Section 30 of the Family Law Act 1996 (FLA 1996) provides protection for spouses who personally have no interest or right to occupation in their family home, but where their spouse does hold an interest or estate. It grants them home rights, the right to not be evicted or excluded from the matrimonial home (except by way of an occupation order), and to enter and occupy that home with the leave of the court if they have already been excluded. The statute refers to the spouse who holds the original right to occupy as 'A', and the spouse receiving the home right as 'B', and that

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