Believing in accessibility for all

Relationship breakdown and divorce

 

If your relationship has ended it can be a stressful time. One of the things you will need to think about is your future housing. How we can help depends on a variety of factors – the most common of which are outlined below.

If your relationship has ended due to Domestic Abuse then please refer to our Domestic Abuse Guide for further information.

  • Joint tenants

    Where you and your ex partner are joint tenants of your home then providing it is safe and reasonable for you, then there is an expectation that you will remain in the home whilst one of you finds alternative accommodation. As joint tenants you are both legally able to remain in the property; therefore your ex partner cannot force you to leave the property.

    Whilst it is not an ideal situation and can be uncomfortable to remain in the home, where you are a joint tenant our advice will always be in the first instance for you to remain in the home whilst you find alternative accommodation. Where this is possible we will not take a homeless application from you, however we will provide you with advice and support on how to find alternative housing. 

     

  • Joint homeowners

    Similar to joint tenants our advice to joint homeowners is to recommend that you remain in your current home if it is safe and reasonable for you to do so whilst one of you finds alternative accommodation.

    We also recommend, with joint homeowners, that you seek independent legal advice regarding your rights and the options available to you regarding the property which you co own with your ex partner. 

     

  • No right to occupy or being asked to leave

    If your ex partner is the sole tenant or homeowner then your right to occupy your home ends when they ask you to leave. Sometimes an ex partner will ask you to leave immediately whereas other times they may give you a date by which you have to leave.

    Regardless of the timescales given your rights to remain in the property once your ex partner has asked you to leave are very limited and we advise you to contact us to discuss your options.

  • If your marriage is ending

    If your marriage is coming to an end then there are many things to consider, including your immediate and future housing needs. The Family Law Act 1996 gives a spouse matrimonial home rights. These are rights to live in the home and to prevent the owner-spouse or tenant-spouse from asking you to leave without a court order.  The right of occupation arises from the marriage. It doesn’t matter which one of you owns the home or is the tenant. 

    It may be that your relationship breakdown is amicable, and your former spouse will allow you to stay in the property whilst you find somewhere else to live. However if your former partner has asked you to leave, or does not want you to return, you will have the right to ask for a court order to gain entry and live there. The court will decide whether it is reasonable to order your former spouse to allow you to return home. If you wish to apply for a court order then you should seek independent legal advice regarding your rights and the application process.

What we can do to help

If you have been asked to leave your ex partner's property and have no right to occupy then we will work with you to try and prevent your immediate homelessness. This may be by attempting to contact your ex partner to see if they will allow you to stay in the property temporarily whilst we work with you to find somewhere else for you to live.