I am separating from my partner. Do I have the right to stay in my home?
The law in this area is extremely complex and it is absolutely essential to seek specialist advice from a family law expert or specialist housing adviser, particu-larly if you are considering leaving your home.
Your housing rights depend on what type of housing you live in and whether you are married or cohabiting when the relationship breaks down.
If you need to take action to exclude your ex-partner from the home because of violence or the threat of violence, you can apply to a court for an Occupation Order.
If you are considering leaving the home, you should first think about how you will meet your long-term housing needs and seek legal advice about claiming any financial interest on the property.
NB: The Housing Department at the local authority may say that you have made yourself intentionally homeless and refuse to provide housing - this will not apply if you have left the home because of fear of violence.
If you and your ex-partner jointly own the home
Both of you have the right to stay in the home. You also have the right to return to the property. If you have been excluded from the home, you can ask a court to enforce this right.
If your home is owned by your ex-partner
If you are married or in a same-sex civil partnership but your name is not on the title deeds of the property, or unmarried but can show you have an interest in the property (for example, because you have made a financial contribution towards it – this is a complex area of law so you must seek specialist advice if you need to prove this), you need to take action to prevent your ex-partner from selling or mortgaging your home without your knowledge. You should register your matrimonial home rights (or home rights if you are civil partners or rights of occupation if you are not married) – see below – on the title deeds of the property at the Land Registry. You can do this yourself (Citizens Advice can help you – see below), but if you are unmarried you should seek advice from a solicitor.
If you are married or have entered into a civil partnership
You both have the right to continue to occupy the home until divorce or judicial separation (or later by an order from the court). This is called ‘matrimonial home rights’ (if you are married) or ‘home rights’ (if you are in a civil partner-ship).
If you are not married or have not entered into a civil partnership
If you have a beneficial interest in the property you have the right to remain in or return to the home. You can obtain a court order to enforce this right.
If you have a beneficial interest in the property (see above) you have the right to remain in or return to the home. You can obtain a court order to enforce this right.
If you do not have an interest in the property, there is no automatic right to remain there and your ex-partner can give you reasonable notice to leave. However, you do have the right to apply to the court for an occupation order (whether or not there are children involved). This could allow you to remain in (or return to) the property for up to one year.
Further information
Further information on housing rights on relationship breakdown is available from Shelter at www.shelter.org.uk
The National Association of Citizens Advice Bureaux provide further information at www.adviceguide.org.uk