FINANCE & ASSESTS
Your housing rights will depend on what type of housing you live in, and whether you are married or in a civil partnership, or cohabiting when the relationship ends. That being said whether you are married, in a civil partnership, or cohabiting, both you and your ex-partner have a right to stay in the home, as you are both legal owners.
You both also have the right to return to the property, even if you have agreed that one of you will leave. If you have been excluded from the home, you can ask a court to enforce your right to return, unless a court has already made an order to prevent you from being in the home, known as an occupational order.
Mortgage & Renting
There are two different types of joint ownership – ‘joint tenants’ and ‘tenants in common’:
Joint tenants do not have a specific share and instead both own the whole property jointly.
Tenants in common each have a specific share in the property which may be equal or different to the other person’s share.
"You should check what type of joint ownership you have"
Even as a joint tenant, you have a right to access the property. If your ex-partner gives the landlord notice that they intend to leave the property, this may also end your tenancy or landlord may agree to transfer the tenancy to your name only.
If your ex-partner leaves and refuses to pay the rent, you are liable to pay all the rent and any arrears owing, even though you are joint tenants. This also applies to if you leave the home. As the contract still stands you will still be liable for the home. In this instance you can review your tenancy agreement and see if there is a break clause, which may allow you to terminate the agreement early.
You’re married or in a civil-partnership
You will have ‘home rights’ which give you a right to stay in the home. A court could order that the tenancy is transferred into your name on divorce or dissolution of the civil-partnership.
You’re not married or in a civil-partnership
You do not have an automatic right to stay in the home unless a court order is made. You can apply to the court for a tenancy to be transferred into your name if it would benefit the children. You will need legal advice to do this. If you have to leave the property, you can apply for housing from your local council as a homeless family.
Protecting your Assets
If you are married or in a civil partnership, you can apply to the court for an order that prevents your ex-partner from selling, giving away property or other any assets. You will need to provide as much information as possible about the assets and prove to the court that they are likely to be sold or disposed of.
"If you are married or in a civil partnership and have separated but not yet divorced, your ex-partner could be entitled to your assets if you don’t make a will"
Your Will and testament
If you made a will before your separation it will still be valid, so it may need to be changed.
You might need to appoint a guardian for your child in the event of your death. Learn more about will making and alteration here or your local government.
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