Cracking the Code: How AI Legalese Decoder Can Help You Navigate Occupation Orders for a House You Don’t Own in England
- June 29, 2024
- Posted by: legaleseblogger
- Category: Related News
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Uncertainty and Confusion Around an Inherited Property
As you’ve inherited a house that has been occupied by your brother and his former partner, with their two children, you’ve faced a complex situation. It’s understandable that you’re concerned about how the court might view the matter and how an Occupation Order might impact the property.
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Section 36 of the Family Law Act 1996 governs occupation orders where the applicant does not have a right to occupy but the person they were cohabiting does. It might be arguable that your brother has some beneficial interest, depending on the history and facts.
Section 33 deals with cases where the applicant does have a right to occupy. Significantly, it is drafted rather broadly and refers to an entitlement to occupy arising from a “beneficial estate or interest or contract or by virtue of any enactment giving him the right to remain in occupation.” There does not need to be anything so formal as an AST. It would be quite arguable on the facts that there is a contract entitling them to occupy.
Section 38 deals with cases where neither party has a right to occupy. Yes, you can still get an occupation order.
The tests are slightly different under all these circumstances. In any case, I presume the occupation order is against your brother and not you. Take legal advice if you plan to seek possession from your brother’s partner.