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Introduction

Are you facing the difficult decision of what to do with your home after separating from your partner? This guide will help you navigate the complexities of your situation, whether you’re married, in a civil partnership, or living together without being married. Understanding your rights and options is crucial, and if you need assistance, Contend’s highly trained AI legal experts are here to provide guidance and support. With Contend, you can easily resolve your legal concerns and make informed decisions about your future.

When you separate from your partner, deciding what to do with your home can be challenging. The options you have depend on your relationship status—whether you are married, in a civil partnership, or living together without being married—and whether you own or rent your home.

What are my rights to the home after separating from my partner?

Getting Help

If you and your ex-partner are struggling to reach an agreement, consider seeking help from a mediator. A mediator is a neutral third party who can assist you in finding a solution without having to go to court.

Important: If you feel anxious or threatened by your partner, it’s crucial to seek help. For women experiencing domestic abuse, you can contact Refuge at 0808 200 0247 or use the Women’s Aid online chat. For men, the Men’s Advice Line is available at 0808 801 0327.

If you are unsure about your next steps, try Contend’s legal expert chat for guidance. Contend’s highly trained AI legal experts will work with you to help you understand and resolve your legal problems.

What are my legal options if mediation doesn’t work?
Family: Separation Guide: Know Your Rights & Options for Housing

If You’re Facing Domestic Abuse

If you need to leave your home due to domestic abuse, you can apply for assistance from your local council. Explain that you are in ‘priority need’ because of the abuse, and they can help you find emergency accommodation and long-term housing.

Normally, if you leave your home voluntarily, you might be considered ‘intentionally homeless’ and may not receive assistance. However, this rule does not apply if you had to leave due to domestic abuse.

Can I get emergency housing if I leave due to domestic abuse?

Understanding Your Rights in the Home

If You Rent

Your rights as a tenant will depend on your rental agreement. Here are some key points:

  • Joint Tenants: If both of you are named on the tenancy agreement, you have equal rights to stay in the home. You can either agree to end the tenancy together or one of you can stay while the other moves out.
  • Single Tenant: If only one person is named on the tenancy, that person has the right to stay, but the other may need to negotiate with the landlord for a change.

If you’re unsure about your tenancy type, you can use Shelter’s tenancy checker for clarification.

If You Own Your Home

If you are married or in a civil partnership and both names are on the title deeds, you both have a say in what happens to the home. You can either sell it and split the profits or buy out your partner’s share if one of you wants to stay.

  • Joint Ownership: If you both own the home equally, you can negotiate what to do with it. If you can’t agree, mediation can help, or you may need to go to court. If you’re unsure about your ownership type, you can find out what kind of joint ownership you have on GOV.UK.
  • If You’re Not Named on the Title: If you’re not on the title deeds but are married or in a civil partnership, you can register your ‘home rights’ online to protect your interests. If you’re not married, you may still have a claim if you can prove you contributed financially to the home.
What should I do if my partner and I can’t agree on what to do with our home?

Next Steps

  1. Consult an Adviser: Before making any major decisions, especially about moving out or ending a tenancy, consult an adviser. They can provide guidance tailored to your situation.
  2. Consider Mediation: If you and your ex-partner can’t agree, mediation is a constructive way to resolve disputes without going to court. You can find a solicitor on the Resolution website to assist you in this process.
  3. Explore Your Options: Whether you want to stay, move out, or buy a partner’s share, there are various paths to take. Make sure to understand your rights and responsibilities as you navigate this transition.
Need advice on resolving tenancy disputes with an ex-partner? Chat with an expert now!

Conclusion

Deciding what happens to your home after separation can be complicated. By understanding your rights, seeking help when needed, and exploring your options, you can make informed decisions that work best for you. If you need further assistance, don’t hesitate to try Contend’s legal expert chat for support and guidance. Contend is the Easiest Legal Help in the UK.

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This material is for general information only and does not constitute
tax, legal or any other form of advice. You should not rely on any
information contained herein to make (or refrain from making) any
decisions. Always obtain independent, professional advice for your
own particular situation. Contend Inc is not regulated by the
Solicitors Regulation Authority.