What is an Occupation Order?

An Occupation Order regulates or restricts the right of occupation of the family home between family members and is a form of injunction. Orders can either be declaratory or restrictive in nature.

For example, they may declare an individual’s interest in the property e.g. the order may grant or extend their rights of occupation in the family home. Alternatively, they may restrict or regulate an individual in respect of the home, for example it may exclude that individual from the home and a defined area around it.

When in force, an order can also deal with practical matters of occupation, including who bears responsibility for payment of the rent or mortgage on the property and whether the occupying party should pay a rent to the other person.

An order does not change the financial ownership of a property. It is normally a short term arrangement and its duration will depend upon the applicant’s needs. Usually it will last for six or twelve months and in some circumstances can be renewed.

George Green’s specialist Family Lawyers regularly advise clients in respect of Occupations Orders including the process for making an application, how to respond to being served with an application and the likelihood of success. 

If you wish to discuss your matter in a free initial telephone consultation call Mark Vandaele on 01902 796930 (mvandaele@georgegreen.co.uk) at our Wolverhampton office or Rachel Baker on 01384 340 580 (rbaker@georgegreen.co.uk at our Cradley Heath office.