My Relationship Has Broken Down - Do I Have To Leave?
If you have been living together but your relationship has broken down you may have rights to stay there whilst you are looking for further accommodation. The law in this area is complicated and you are advised to speak to a Housing Advisor or to a Solicitor. Much depends on the type of tenancy or ownership you have and on whether you are married or not.
If you have property rights then we may not be able to consider you as homeless. We will still provide advice and assistance on finding further accommodation if that is what you wish to do.
If you are Not Married
If you are not married then you have fewer property rights than if you are. Your rights depend on the type of ownership or rental agreement you have on the property with your partner.
Renting - joint tenants
If you are joint tenants on a rented property then you both have equal legal rights to stay in the property. Neither of you can ask the other to leave; only a Court can order one of you to leave the property. You are both liable for the rent, which means if one person leaves and stops paying their share, the other person will have to make up the difference or could risk being evicted.
If you are living in a Housing Association property then you may be able to negotiate being able to change the tenancy into one person’s name. This is only at the Housing Association’s discretion and you could end up losing your home. Seek advice from the Housing Association and Housing Services about this.
If your partner has been violent or threatening, you may be able to get a Court Order to exclude them from the property. Seek advice from Housing Services or a Solicitor about this.
Renting - tenancy in one person's name only
If the tenancy is in your partner’s name then you have very few rights to remain in the property. Under some circumstances you may be able to ask a Court to order that you stay in the property. If you are living in a Housing Association property then you may be able to negotiate being able to change the tenancy into your name if your partner is leaving. Both of these options are discretionary and do not usually apply. Speak to a Solicitor or your Housing Association about these.
If your partner has been violent or threatening, you may be able to get a Court Order to exclude them from the property. Seek advice from Housing Services or a Solicitor about this.
Owner occupiers - joint owners
If you are both joint owners of a property then you have equal rights to reside there. You are both entitled to a share in the value of the property. How much you get will depend on how much you have contributed, for example, if your partner paid more towards the deposit of the property, he or she will be entitled to a larger share. If there is a dispute around selling the property, you can protect your interests by entering a restriction on the land register. It is advisable to see a solicitor for this.
You are both liable for all the mortgage payments, which means if one person leaves and stops paying their share, the other person will have to make up the difference or could risk the home being repossessed. If there is a dispute about who is to occupy the property in the short term, you may need to resolve the matter through the Courts. You will need to consult a solicitor for assistance with this.
Owner occupiers - house in one person's name only
If your partner owns the property, your rights are limited. While it may be possible to ask the Courts to decide who stays in the property in the short term, you will need to get specialist legal advice about this and how to protect your interests in the property.
If you are Married
Marriage grants strong property rights even if you are not a tenant or joint owner. It is advisable to speak to a Solicitor if your relationship has broken down but you are still married.
Renting - joint tenants
If you are joint tenants on a rented property then you both have equal legal rights to stay in the property. Neither of you can ask the other to leave; only a Court can order one of you to leave the property. You are both liable for the rent, which means if one person leaves and stops paying their share, the other person will have to make up the difference or could risk being evicted.
If you are living in a Housing Association property then you may be able to negotiate being able to change the tenancy into one person’s name. This is only at their discretion and you could end up losing your home. Seek advice from the Housing Association and Housing Services about this.
If your partner has been violent or threatening, you may be able to get a Court Order to exclude them from the property. Seek advice from Housing Services or a Solicitor about this.
Renting - tenancy in one person's name only
If you are married then you have equal legal rights to stay in the property even if the tenancy is in your partner’s name only.
If you are living in a Housing Association property then you may be able to negotiate being able to change the tenancy into your name if your partner is leaving. Both of these options are discretionary and do not usually apply. Speak to a Solicitor or your Housing Association about these.
If your partner has been violent or threatening, you may be able to get a Court Order to exclude them from the property. Seek advice from Housing Services or a Solicitor about this.
If you are a private tenant you may be able to swap the tenancy over if you are both in agreement and your landlord allows this. If you are not in agreement see below:
Renting - tenancy in one person's name only - can't agree
If you are unable to reach an agreement over who stays in the property you may need to get help from the Courts. In some circumstances a Court may decide to exclude either you or your spouse from the home if it believes it is reasonable to do so. This is even when the excluded party is the tenant. In some cases a Court can transfer a tenancy from one spouse to another. You will also need the agreement of your landlord to change the tenancy from one name to another. If you need help with this, you will need to consult a solicitor.
Owner occupiers - joint owners
If you are both joint owners of a property then you have equal rights to reside there. You are both entitled to a share in the value of the property. How much you get will depend on how much you have contributed, for example, if your partner paid more towards the deposit of the property, he or she will be entitled to a larger share. If there is a dispute around selling the property, you can protect your interests by entering a restriction on the land register.
You are both liable for all the mortgage payments, which means if one person leaves and stops paying their share, the other person will have to make up the difference or could risk the home being repossessed. If there is a dispute about who is to occupy the property in the short term, you may need to resolve the matter through the Courts. You will need to consult a solicitor for assistance with this.
Owner occupiers - house in one person's name only
If you are married, you both have legal rights to occupy the home and you can only exclude one spouse from the home with a Court Order. However, the spouse who owns the property does not need the consent of the non-owner spouse to sell the property.
If the property is registered in your spouse's name only, you may eventually have to use a Court to decide who has ownership or rights over the home. You should, however, register your interest (known as 'registering a charge') in the property through the Land Registry. This should prevent your spouse from selling the property without your knowledge or before the Court has had time to make a decision. In some circumstances the owner of the property can be ordered to live somewhere else as a short-term measure. Seek advice from a Solicitor.
Owner occupiers - divorce proceedings
If you are going through a divorce, how the marital home is divided may be up to the Court. Certain things will be taken into consideration such as:
- Dependent children and their ages
- Current and future income capacity of you and your spouse
- The level of income that you and your spouse need in order to live comfortably (taking into account, for example, other dependents)
- The quality of life that you and your spouse are accustomed to
- The length of your marriage
- Anything else that might be considered relevant
- The Court has varied powers to decide what happens to the marital home. It may order the sale of the property. Any money raised will then be shared between you. Or, it may order that one partner can remain in the property until such time as that partner remarries and/or any dependent children reach adulthood.
Please call Housing Advice and Allocations at North Dorset District Council on (01258) 454111 or e-mail us at housingcs@north-dorset.gov.uk for more details of this service. |
