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Know your housing rights
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Your housing rights depend on what type of housing you live in and whether you are married, in a same-sex civil partnership (from December 2005) or cohabiting when the relationship breaks down.
If you are considering leaving the home
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 you may have in the property.
If you want to leave home because of violence or the threat of violence see If your partner refuses to leave the property below.
Note: 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
You both 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, unless a court has made an order excluding you.
If your home is owned by your ex-partner
See Protect your home for how to prevent the property being sold or mortgaged without your knowledge. - If you are married
You both have the right to stay in the marital home while you are still married even if you do not have an interest in the property. Rights of occupation also apply to same-sex couples registered as Civil Partners from December 2005.
- If you are not married
If you have a beneficial interest in the property (for example, because you have made financial contributions towards it), 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 (28 days is considered by the courts to be reasonable). You may want to get legal advice to see whether a court order can be made allowing you to remain in the property for the benefit of the children.
If your home is rented in joint names
If you have a joint tenancy with your ex-partner you have a right to stay in the home and a court can enforce this right.
If your ex-partner gives notice to quit, this may end your tenancy also. If agreement is possible, you should arrange with the landlord for the tenancy to be transferred to your name only. While you are a joint tenant, if your ex-partner leaves and refuses to pay rent, you are liable to pay all the rent and any arrears that are owed.
A court can make an order to allocate the tenancy (whether the home is rented from a private landlord, housing association or the council) to one of the joint tenants. The order is likely to be in favour of the parent with care of the children.
If the tenancy is in your ex-partner's name
Whether you are married or cohabiting, you can apply to court for a tenancy to be transferred if it is for the benefit of the children. You will need legal advice to do this see Further help and information. - If you are married
You have the same rights as your ex-partner. The court may order the tenancy to be transferred to you on divorce. This also applies to same-sex couples registered as civil partners from December 2005.
- If you are not married
You do not have an automatic right to stay in the home unless a court order is made. If you have to leave the property, you can apply for housing from your local authority as a homeless family.
If your partner refuses to leave the property
In many cases if you have the right to continue to live in the home, your ex-partner will also have the right to remain there, for example, because they are joint owners or tenants.
If your ex-partner has been violent or threatens violence you can apply to the court for an Occupation Order. This order can exclude them from living in the home. You can also apply for an order to regulate who uses which part of the home.
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