UKCan I get an occupation order to stay in the family home?
Yes, you may be able to get an occupation order to stay in the family home if you have a legal or beneficial interest in it, or if you’re married, in a civil partnership, or cohabiting with the other person.
What the Law Says
The Family Law Act 1996 gives courts the power to make occupation orders — legal orders that regulate who can live in, enter, or remain in the family home.
An occupation order can give you the right to stay in the family home, even if the property is owned or rented solely in the other person’s name. It can also exclude the other person from the home or parts of it.
Section 33 of the Family Law Act 1996 applies specifically to people who are or have been married, in a civil partnership, or cohabiting — and who have a legal or beneficial interest in the property (e.g., as owner, tenant, or joint mortgage holder). If you don’t have such an interest, other sections (e.g., s. 35–38) may apply, but s. 33 offers the strongest protection.
The court must consider all circumstances, including the housing needs and resources of both parties, the likely effect of the order (or refusal) on their health, safety and well-being, and the conduct of each party.
Statutory TextThe court may make an occupation order in respect of a dwelling-house which is or has been the home of the parties to a marriage or civil partnership or of parties who have cohabited.
— Family Law Act 1996, s. 33 — Occupation orders: entitlement to occupy
What to Do
Check your eligibility: Are you married, in a civil partnership, or cohabiting? Do you have a legal or beneficial interest in the home?
Fill in Form FL401 (Application for an occupation order) — available free from GOV.UK.
File the form at your local family court (no fee required). You’ll usually need to give 21 days’ notice to the other person unless the court agrees to waive this for safety reasons.
Attend the first hearing — the court may make a short-term order immediately and set a date for a full hearing.
Gather evidence: tenancy agreement, mortgage statements, bank records, photos, or witness statements showing your connection to the home and any risk of harm.
Sources
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US-New YorkNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.