Domestic abuse significantly impacts an individual’s right to live a life free from abuse and prevents their right to have a safe and secure home. Leaving an abusive relationship can be dangerous and made even more complicated when you share ownership of the property you live in. The legal implications of owning a property together can make those who are being abused left feeling trapped however if you are in an abusive relationship and share ownership of the property you live in, contact a domestic abuse solicitor to discuss your legal options to help you under these circumstances.
What is domestic abuse?
Domestic abuse is identified by any incidents or patterns of behaviour that are controlling, coercive, threatening or violent towards an intimate or ex-partner.
This can include but is not limited to:-
- Physical abuse (such as hitting, punching or biting)
- Emotional abuse (such as; threats, punishments, intimidation, humiliation, controlling and/or coercive behaviour, gaslighting or any other abuse intended to frighten or punish the victim)
- Sexual abuse (any sexual activity without consent)
- Harrassment (such as stalking, persistent messaging/calling/emailing)
- Economic / financial abuse
How is our property owned?
If you own property together it will usually be owned in one of two ways:-
- Joint tenants:- this means you each own an equal share of the legal and beneficial interest, regardless of contributions.
- Tenants in common:- this enables co-owners to own a specific share of the property which can be 50% each, or unequal shares.
What are my options if I am in an abusive relationship and we share ownership of a property?
Sharing ownership of a property with a perpetrator of domestic abuse can add further complications to resolving issues upon separation however there are options which are available if you find yourself in this situation.
- Occupation Order:- Under the Family Law Act 1996, those experiencing domestic abuse can apply for an order to regulate the family home known as an Occupation Order. An occupation order sets out who can live in the family home or specific parts of it and can also restrict someone from entering the surrounding area of the home. An occupation order can include specific provisions which can exclude the perpetrator from a defined area in which the home is situated and can also order them not to return. This order can be made as specific or as broad as it needs to be depending on the circumstances of the case.
- Non-Molestation Order:- A non-molestation order is an order prohibiting the perpetrator from any ‘molesting’ behaviour which can include a range of behaviours including but not limited to:- physical or emotional harm, threats, swearing, shouting, persistent messages/calls and stalking which all significantly affect a person’s privacy. These types of behaviours are now classified as ‘controlling/ and or coercive behaviour‘ and have been a criminal offence since the Serious Crime Act 2015.
Both of these orders can be applied for on a without-notice basis which means the abuser will not be notified of the application being made to the court until the protective order has been made or until the Court has determined that they can be notified. These orders are available to provide protection and prevent further exposure to harm.
Contact us
Our family law specialists can provide you with support, advice and representation tailored to your individual circumstances.
If you are being threatened by your partner we can help by applying to the Court for a Non Molestation Order to prevent your abusive partner from causing any further harm to you and your children and/or an Occupation Order requiring your partner to leave your home and having left not to return to or come within a certain distance of it. If you wish to speak to one of our specialists on any of the issues discussed, please do not hesitate to get in touch.