Separation and divorce are painful experiences for most people and it can be difficult to put emotion aside when dealing with the practicalities, such as deciding who will remain in the family home.
Often, the best way to resolve this issue is to hire a solicitor who will negotiate with your spouse’s solicitor, on your behalf. If a mutually-agreeable settlement can’t be reached, your solicitor can apply to court on your behalf for a judicial separation.
A judicial separation deals with matters relating to your separation such as children, finances and the division of property.
With regards property, if there are children involved, usually the parent with whom the the children are going to live with most of the time will remain in the house.
Even if this is an amicable decision, it can be difficult for the other party – the one who moves out – to get used to the new boundaries that exist in respect of access to the house.
If your ex has a key, and will not relinquish it, or keeps turning up at the former family home uninvited, you can apply to the court for an exclusion order.
This is an order reflecting the recognition that it is not a practical solution for separated or divorced couples to remain living together, nor is it acceptable for the person who leaves the house to continue to have free access to it.
An exclusion order will apply regardless of whether or not your ex still owns or co-owns the property. In other words, ownership of the property does not guarantee him or her access to that property.
It’s important to note that an exclusion order is different to a barring order; it does not imply any misconduct on the part of the person excluded from the house.
*In contentious cases, a Solicitor may not charge fees or expenses as a percentage of any award or settlement.