The end of a relationship is often a difficult time. Worries about losing your home only add to the stress.
Many people have rights to remain in their home at the end of a relationship and the law can help uphold these rights.
Right to remain in your home
What rights you have will depend on the nature of your relationship and whether a property or tenancy is held jointly.
Married or civil partners
You will have the right to live in any property where you and your partner have lived or intended to live.
This is the case regardless of whether:
- the property is owned jointly or by one party only
- the tenancy is in joint names or in one parties name only
You will also have a right to live in any property owned or rented in your name only or jointly with your partner, regardless of whether you have lived there or ever intended to live there.
Living together
You will have the right to live in any property owned or rented in your name only or joint with your partner, regardless of whether you have lived there or ever intended to live there.
If you live in a property that is owned or rented in your partners name only, you will not have an automatic right to live in the property.
Renting your home
In the case of rented property you may be able to:
- establish a right to live in the property
- have the tenancy transferred into your name
This is more likely if you have been in a longer-term relationship and there are children of that relationship that will be living with you.
Own your home
If the case of property that your partner owns, you may be able to:
- establish a right to live in the property
- have the property transferred into your name
This is more likely if the relationship was long-term and there are children that will be living with you.
You may also be able to establish ownership of all or part of the property (for example because you made payments towards the mortgage or contributed towards the deposit).
If you:
- are unsure about whether you have a right to live in the property
- believe you may have a right to live in the property but you are being prevented from doing so
- want help to try and establish a right to live in the property
- want help to try and establish that you own all or part of the property