Can I Kick My Husband Out Of The House?

When your marriage deteriorates, you may feel like kicking your other half out of the house in order to get some time and space. However, that's not as easy as it seems.

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By Victoria Richardson - 6th July 2022
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Can I Kick My Husband Out Of The House?

When your marriage deteriorates, you may feel like kicking your other half out of the house in order to get some time and space. However, that's not as easy as it seems.

A common way for someone to kick their partner out is just to change the locks. However, if you and your ex-partner are both named on the title deeds of the property, you can't deprive the other person access to the house. In which case, you may find your ex-partner applying to the court for an Occupation Order. This will allow them to re-enter and occupy the house.

If your spouse/other half is not on the deeds, then the situation is similar. They they can still obtain an Occupation Order from the court which determines who should occupy the property and when.

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Applying for an Occupation Order

In applying for an Occupation Order, you are applying for an injunction that allows one party to occupy the house (or sometimes both parties at different times). To make an application for an Occupation Order, the court will need to know:

  • your details
  • your ex-partner's details
  • your mortgage details
  • the reasons why you are applying for an Occupation Order

You should take legal advice regarding this in respect of your prospects of success. If there is no domestic abuse element then these proceedings can be lengthy and costly.

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The court may make an interim Occupation Order to address the matter until a final decision is made. The court can make an Occupation Order in part which details when each party should occupy the property, or the court may require more information before deciding whether an order should be made.

If there is domestic abuse then you can apply for an Ex-Parte Non-Molestation Order with an Occupation Order. This can be done on an emergency basis.

So whilst you can physically kick your other half out of the house, there are options available to them to return to the property. If you're looking for a long term situation, you may need to consult solicitors for legal advice in respect of obtaining an occupation order to keep them at bay.

If you and your ex partner are struggling to come to an agreement on your home, contact our Divorce and Family Solicitors for a free initial enquiry.

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