Assumption: "My partner solely owns our house, so if they want me out, I have no right to stay whatsoever."
1 min readThis content reflects observational insights and lived community experiences. It does not constitute legal advice — always consult a qualified professional for your specific circumstances.
What People Expect
A non-owning partner asked to leave a home solely owned by the other often assumes they have absolutely no legal recourse and must simply go.
Court Reality
Even without an ownership interest, a cohabitant or former cohabitant can apply to the court for an Occupation Order under section 36 of the Family Law Act 1996. This can give a temporary right to remain in the home, usually for up to six months with the possibility of one further extension. It doesn't create ownership, but it isn't nothing either.
This insight was contributed by someone who has been through the family court system. Bridge The Gap is deeply grateful to everyone who shares their experience — your honesty helps bridge the gap for the next person still in it.
Download the card and post it on Facebook, LinkedIn, or wherever you're active. Every share helps another litigant find this before their hearing.
The Gap?
"My partner solely owns our house, so if they want me out, I have no right to stay whatsoever."
Court Reality
Even without an ownership interest, a cohabitant or former cohabitant can apply to the court for an Occupation Order under section 36 of the Family Law Act 1996. This can give a temporary right to remain in the home, usually for up to six months with the possibility of one further extension. It doesn't create ownership, but it isn't nothing either.
Experienced a gap between what you thought you knew about family court and the reality? Share your own and get credited.
familycourtbridge.org
Navigating court alone?
A McKenzie Friend can help you make sense of this in the context of your own case.
Find your supportCookie Consent
We use essential cookies only to provide you with the best experience on our website. No tracking or analytics cookies are used.