If you are not married and your former partner is not a legal owner of the property they do not have the right to enter it without your permission. If they insist on doing so you can seek the assistance of the Police in removing them. If your former partner is a legal owner i.e. they are named on the title deeds or you are both named then they have the right to occupy their own home and you cannot prevent them from entering without an occupation order (or the involvement of the Police). 

It is possible to apply for an occupation order in respect of a property in certain circumstances. If granted such an order will often require one party to leave the home and will exclude them from coming back for a specified time period (generally 6 months). The court thinks very carefully before suspending someone’s legal right to occupy their own home. 

The court will make such an order if it appears that the applicant or any relevant child is likely to suffer significant harm attributable to the conduct of the other person if an order is not made. The court would only not make the order if the harm likely to be suffered by the respondent or a relevant child would be worse. This is called the balance of harm test.

If the balance of harm test is not met the court will use its discretion to decide whether to make the order taking into account a number of factors such as the needs and resources of the parties and their conduct.  Such an order is only ever temporary in any event. At some point the issue of the ownership of the property will have to be formally resolved. If you feel at risk of violence within the family home your first port of call should always be the Police. 

George Green’s Specialist Family and Divorce Lawyers give advice regularly on Occupation Orders and other protective injunctions. 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 Jane Williams on 01384 340 528 (jwilliams@georgegreen.co.uk at our Cradley Heath office.