Relationship breakdown

When a relationship breaks down it can be hard to decide who leaves the home. You may have the right to keep living there.

Joint tenants and joint homeowners

If you have a joint tenancy or joint ownership of your home, you both have a legal right to live there.

Sole tenants and sole homeowners - married or civil partners

If you are married or civil partners, you may have a legal right to live at the property. This applies even if only your partner is named on the tenancy or property deeds.

If you are in either situation above:

• you should not leave unless you have found somewhere else to live that meets your needs
• neither partner can change the locks or stop the other from being in the property

If you can't decide who should leave, you may need to apply to the court for an Occupation Order. You should ask for advice from a solicitor if you want to do this.

Sole tenants and sole homeowners - not married or civil partners

If you are not married or civil partners and you are not on the tenancy or property deeds, you do not have a legal right to stay in the property. Your partner can ask you to leave, but they should give you reasonable notice.

There are exceptions to this.

You should ask for advice from a solicitor if:

• you have a child or children from the relationship. You can apply to the Court for an Occupation Order in the interests of the children
• you have paid money towards the property. You could make a case to the Court that you have an interest in the property.

At risk of domestic abuse or violence

You can get help if you are at risk of domestic abuse or violence.

At risk of becoming homeless

If you think you will become homeless in the next 56 days (8 weeks) we can help you. We will look into your needs and make a plan to help you. We may offer you temporary housing while we look at your application.