Your housing rights | Sorting Out Separation
Get support to help you understand your housing rights and plan your future. If you're advice around housing issues following the breakdown of a relationship. Your options depend on whether you have anywhere else to stay, your rights to the Use Shelter's relationship breakdown checker to see what your rights might be. National Family Mediation (NFM) services charge ££ for a MIAM. In most cases, your housing rights will depend on: □. □ or the Housing Rights Service (see pages 44–45). Relationship breakdown | July update. 4.
You can apply for a transfer of tenancy if your landlord refuses to change your contract. You'll need to go to court.
It's usually not worth going to court to transfer if you have an assured shorthold tenancy - unless your landlord is a housing association. Your landlord might want to end the joint tenancy and start a new one with the person who stays.
When you speak to an adviser, take a copy of your tenancy agreement if you can. If your ex-partner wants to end the tenancy You can try to stop this from happening if you want to stay.
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 on 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'll need to go to mediation or a solicitor if you can't sort out what share you'll each get - the starting point is usually that you'll each get half.
You might each own a part of the property - for example, half each - known as 'tenancy in common'. If you're tenants in common, your solicitor might have given you a document showing how much you each owned when you bought it.
If you've got nothing in writing to show how much you both own, you should seek legal advice. If you both want to leave, you can sell the home and split any profits the 'equity' - you can get help selling your home.
What happens to your home when you separate - Citizens Advice
An order can only be made for a property where you both live, did live, or intended to live in as the family home. Occupation orders normally last for a specific length of time — typically six months — although they can be renewed. The court will look at all the circumstances of your case, but will also consider the likelihood of significant harm to you, your ex-partner and any children if an order is made, balanced against the likelihood of significant harm if an order is not made. This is because most successful applications involve two court hearings and seeking specialist legal advice is strongly recommended.
There is no court fee for applying for an occupation order. Legal aid might still be available for occupation orders where domestic abuse is involved subject to means testing. Northern Ireland You will have to apply to a court if you want to stay. The court would only say that you could stay in the property if you could show that your ex has somewhere else they can live in the short term. Legal aid is available but it is means-tested. These will normally last for a specific time period up to six months although you can renew them for up to six months at a time.
Once you have occupancy rights, you and your children can live in the home for as long as these rights last. This applies even if your children are grown up.
You might be able to get legal aid to pay the costs of this, but it is means-tested. It will depend on the type of tenancy you have.