You’ll have to apply to a court for an ‘occupation order’ if you want to stay. This is a court order which sets out who has the right to stay, return or be excluded from the family home.
It’s considered a last resort because it can exclude someone from a property that they legally have the right to live in.
An occupation order can only be made for a property where you both live, did live, or intended to live in as the family home.
They usually last for a specific length of time (usually six months) – although they can be renewed.
But courts don’t routinely issue these, so you might not be successful.
The court will look at all the circumstances of your case. They’ll also consider the likelihood of significant harm to you, your ex-partner and any children if an order is made. This will be balanced against the likelihood of significant harm if an order isn’t made.
You can also apply for a ‘non-molestation order’ alongside an occupation order if you want to make sure your ex-partner doesn’t come near your home. For example, if they’ve been aggressive or have a history of domestic violence against you.