Q. My husband is really annoying me lately. I told him it was over between us months ago, but he just will not leave the house. I need him out asap. What can I do?
A. If you want to exclude someone else from the home you may be able to use an Occupation Order as this can enforce rights, as well as giving or ending rights to occupy a property. An Occupation Order can also be used to restrict someone's use of a property, for example, if you and your partner have to live in different parts of the same home.
An Occupation Order usually lasts a specific length of time and is supposed to be a short-term measure. You would need to have a good reason to apply for one, for example because your husband is a risk to you or, if you have any, your children. I would obviously need more information from you to respond fully, but it may be that to start divorce proceedings would be a more appropriate way for you to formally separate.
Usually, once divorce proceedings are commenced, spouses do tend to separate physically and live under separate roofs, but occasionally you can have a situation whereby two spouses are living ‘separate lives’ under the same roof. This set of circumstances can become very testing and stressful for both parties and usually means that an application to the Court is necessary to try and sort things out once and for all.
It is possible that family mediation could assist. Mediation would allow you both to sit down together and discuss all the financial issues relating to the breakdown of your relationship and try to find a solution that suits you both and any children of the family.