What happens to your home when you separate

If you live with your partner, you’ll need to decide what to do about your home when you separate. Your options depend on if you're unmarried, married or in a civil partnership, and if you rent or own your home.

If you’ve already tried to sort things out with your ex-partner and are finding it difficult, might be able to reach an agreement through mediation. A specialist called a ‘mediator’ can help you and your ex-partner find a solution without going to court. Check how mediation works.

Important

If your partner makes you feel anxious or threatened, you should get help

Don’t try to agree what to do about your home without speaking to someone first. 

If you’re a woman affected by domestic abuse, you can call Refuge on 0808 200 0247 or use the Women's Aid online chat at any time. 

If you're a man affected by domestic abuse you can call Men's Advice Line on 0808 801 0327 between 10am to 5pm, Monday to Friday.

 If you’re unsure about what to do next, contact your nearest Citizens Advice.

If it’s not safe to stay in your home because of domestic abuse

You can apply to your local council for homeless help. Tell them you’re in ‘priority need’ because you've experienced domestic abuse.

Your local council will help you find long-term housing and offer you emergency accommodation if you're eligible. This means you’ll have somewhere to live while they deal with your application.

Usually if you leave your home, the council won't give you housing help because you've made yourself 'intentionally homeless'. This doesn't apply if you had to leave your home because of domestic abuse.

Check if you can get homeless help from the council.

Talk to an adviser if you need advice about the home you left - for example, if you have a mortgage or you're on the written statement of the occupation contract.

If you urgently need your ex-partner to move out, you can ask the court to decide who stays in the home - this is called an ‘occupation order’. You can find out how to apply for an occupation order.

If you need help from your local council to find your next home

If you choose to end your occupation contract or move out of your home, your local council might think it’s your fault you don’t have anywhere to live. This is called being ‘intentionally homeless’. If your local council think you’re intentionally homeless, they might not be able to find you a long-term home. 

Before you end your contract or move out, you should talk to an adviser.

If your ex-partner wants you to move out

If you're married or in a civil partnership you both have ‘home rights’. This means you can stay in your home, even if you don’t own it or you’re not named on the written statement of the contract. You’ll only have to move out permanently if your marriage or civil partnership ends, or if a court orders you to - for example, as part of your divorce.

If you’re not married or in a civil partnership, you won’t have home rights. Your rights will depend on whether you’re a contract holder or homeowner.

If you rent

What happens to your home will depend on the type of agreement you have and if you’re a contract holder. You might not be a contract holder if you’re:

• a lodger

• living with your landlord

• living in a hostel

• living in supported housing

• living in a temporary home provided by your local council because you were homeless

If you’re not a contract holder, or you’re not sure what type of agreement you have, you should talk to an adviser.

If you're a contract holder

If you both want to leave, you should try to end your contract if you can. 

If your contract has nearly ended, you can tell your landlord you’re leaving by the date it ends - this is called ‘giving notice’. You'll both need to give notice if you want to end your contract.

If your contract won’t end soon, you could ask your landlord to end it early - this is called ‘surrendering your contract’.

If you rent from a private landlord, find out how to end your contract.

If you rent from a housing association or council, talk to an adviser.

If only one of you wants to move out, you’ll first need to check which type of contract you have.

If your contract is for a set period of time, you have a ‘fixed term contract’.

If your contract doesn’t have a set period or end date, you’ll probably have a ‘rolling contract’.

You’ll also need to look at the written statement of your contract to see who’s named on it.

If you’re both named as contract holders, you’ll be ‘joint contract holders’ and have the same rights.

If you have a joint contract

If your ex-partner moves out, they can move back in at any point while they’re still named as a contract holder on the written statement.

If you move out, you’ll be expected to pay rent if you’re still named on the written statement. When you separate, you might be able to make other arrangements for paying it.

If you’re married or in a civil partnership, find out if you can get financial support from your ex-partner.

If one of you agrees to move out, the person who’s leaving should tell the landlord they want to be taken off  the contract. This will only end the contract for the person who moves out. 

If your ex-partner refuses to move out, you might be able to apply to remove them from the contract, if:

• they live somewhere else most of the time

• they’ve been involved in anti-social behaviour

Removing someone from the contract is called ‘exclusion’. Talk to an adviser to check if you can exclude another contract holder.

Important

If you feel threatened

Report this to the police immediately by calling 999.

If you live in social housing, you should ask your landlord if they have a policy on ending joint tenancies. You should do this before ending your tenancy. In some situations, a social housing landlord can start a new tenancy with the remaining tenant or tenants after the joint tenancy has ended.

If you own your home

You have the right to stay in the home if you're married, in a civil partnership or on the 'title deeds' - the document that proves who owns your home.

If you're both named on the title deeds

If you're both on the title deeds, it means you both own your home. You'll both need to decide what happens to your home.

You might both own the whole property together - known as 'joint tenancy'. You might own the property in joint names but you each own a specific share of its value - known as ‘tenancy in common’.  If you’re tenants in common your shares might be equal - for example, half each - or unequal. You can find out what kind of joint ownership you have on GOV.UK.

If you can't agree what happens to your home

You can ask the court to decide what will happen to your home.

You’ll normally need to show that you’ve tried mediation before you apply to court. There are exceptions that mean you don’t have to try mediation first - for example, if you’ve experienced domestic abuse. Check how mediation works.

If you’re married or in a civil partnership, the court can decide what happens to your home in your divorce. You can find out more about your options.

If you’re not married or in a civil partnership, you can ask the court to decide what happens to your home. The court will usually divide your home’s value between you according to the shares you own. If you have children, you might be able to ask the court to delay selling your home until your youngest child is 18. You’ll need legal help to do this - you can find a solicitor on the Resolution website.

If you want to sell your home

If you both want to leave, you can sell the home and split any profits (the 'equity') - you can get help selling your home.

You might be able to buy your ex-partner’s share if you want to stay, or sell them yours if you want to leave. You'll need a mortgage.

You can speak to your mortgage lender - or you can try to get a better deal with another lender. You can do this by speaking to banks or building societies yourself or through a mortgage broker. Some mortgage brokers will charge you a fee.

Your mortgage lender will usually want to check that the person who wants to stay can afford the whole mortgage by themselves. They’ll usually ask to see evidence like payslips and bank statements.

You’ll need to get in touch with a solicitor to transfer ownership on the land registry. Make sure you're able to get a mortgage by yourself first - otherwise you could waste money on a solicitor.

If you’re both named on the mortgage, you’re both responsible for the payments - including any arrears - even if one of you moves out. When you separate, you might be able to make other arrangements for paying it.

If you’re married or in a civil partnership, find out if you can get financial support from your ex-partner. 

If you’ve moved out and you’re not married or in a civil partnership, your ex-partner could pay your share of the mortgage - this is called ‘occupation rent’.

If you’re thinking of buying or selling a share of your home, you should talk to an adviser. An adviser can explain the process and help you work out what’s best for you.

If you aren’t named on the title deeds

If you’re married or in a civil partnership, it’s a good idea to register your ‘home rights’ online. This means you’ll be told if your ex-partner tries to sell the house or the mortgage lender tries to repossess it.

If you’re married or in a civil partnership, it’s usually best to sort out what happens to your home in the divorce or dissolution order.

If you’re not married or in a civil partnership, or you haven’t sorted out what happens to your home, you might still be able to prove your right to the home if you can prove you have a 'beneficial interest'. This usually means you've contributed to the home financially.

In court, you’ll need to show a judge how you’ve contributed towards paying for the home - this can be difficult, so contact your nearest Citizens Advice before you start. An adviser can help you through the process.