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Lincoln Women's Aid
Your right to have your partner
excluded from the Home
* Often it is not enough to have the right to stay in your home to
give you the protection you need from an abusive partner, some women
will also require to apply for an exclusion order to have their partner
removed from the home.
Married Women
* Married women have the right to apply to the court for an exclusion
order, a lawyer will be able to advise whether or not you have enough
evidence to be able to convince a court that it is justified in excluding
your partner form your home
* If the protection is needed urgently your lawyer can apply for an
immediate order
* If the exclusion order is granted it usually lasts until the marriage
ends on divorce.
Non- Married Women living with their partners
* If you are not married but live with your partner then you may also
be able to have your partner excluded from the family home
* If you are the sole owner of tenant then you can get your partner
excluded, you do not need to apply for an exclusion order unless your
partner has been granted occupancy rights, as they have no legal right
to remain in the home once you have withdrawn permission, you can simply
tell them to leave within a reasonable period, if this does not work
you can apply to the court to have them removed using a summary ejection
order
* If you own or rent your home jointly then you can also apply for an
exclusion order
* If your partner is the sole owner of tenant then you must apply for
occupancy rights you can do this at the same time as applying for an
exclusion order.
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