Introduction
Are you struggling with the emotional and legal challenges of a relationship breakup, especially when it comes to your living situation? This guide provides essential information on your rights and options if your ex-partner wants you to leave your shared home. Whether you’re married, in a civil partnership, or living together without formal agreements, understanding your legal standing is crucial. If you need assistance navigating this difficult time, Contend’s highly trained AI legal experts are here to help. They offer straightforward guidance to help you resolve your legal concerns, making Contend the easiest legal help in the UK.
Ending a relationship can be tough, especially if you live together. If your ex-partner is trying to make you leave the home you shared, it’s important to know your rights and options.
Your Rights at Home
If you are married or in a civil partnership, or if your name is on the title deeds or the rental agreement, you generally have the right to stay in your home even after the relationship ends. However, if you are neither married nor named on any legal documents, your situation can be more complicated.
If You Feel Unsafe
If your ex-partner is being aggressive or making you feel threatened, it’s crucial to seek help. There are organizations that can provide support:
- For women: You can contact Refuge or Women’s Aid at 0808 2000 247, available 24/7.
- For men: The Men’s Advice Line is available at 0808 801 0327 from Monday to Friday, 9 am to 5 pm.
If you’re unsure about what to do next, consider talking to Contend’s legal expert chat, where highly trained AI legal experts will work with you to provide guidance and help you understand and resolve your legal problems.
What If You Have Nowhere Else to Go?
If you find yourself without a place to stay, your local council may be able to help. They can provide emergency housing until you find something more permanent. If you need to retrieve any personal belongings from the home, consider bringing a trusted friend with you, and don’t hesitate to call the police for assistance if necessary.
Disagreements About Who Stays
For Married Couples or Civil Partnerships
If you and your ex-partner can’t agree on who should stay in the home, mediation can be an effective way to resolve the issue without going to court. A mediator can help both parties reach a compromise.
Even if your name isn’t on the title or lease, you may still have “home rights” that allow you to stay in your home during the separation process. If your ex-partner is trying to force you out, you can apply for an occupation order through the court, which will temporarily decide who can stay in the home.
For Unmarried Partners
If your name is on the lease or title deeds, you have the right to remain in the home. If you’re not named and feel you need to stay—especially if children are involved—you can also apply for an occupation order. This application is free and allows the court to consider everyone’s circumstances, including children, before making a decision.
Taking Action Against Threats or Violence
If your ex-partner is threatening or abusive, you may need immediate legal protection. You can apply for:
- A non-molestation order to protect yourself and your children from harm.
- An occupation order to allow you to stay in your home while removing your ex-partner.
You can request these protections regardless of your marital status or living situation. If you need urgent protection, make sure to indicate that on your application so that the court can expedite the process.
How to Apply for Legal Protection
Online Application
The quickest way to apply for an occupation or non-molestation order is through Contend’s legal expert chat. Their highly trained AI legal experts will guide you through the process and help you determine if you qualify for legal aid.
Paper Application
If you prefer to apply by mail or in person, you can fill out the application form available on GOV.UK. You will need to provide details about your situation and submit a witness statement explaining your need for the order.
Court Hearing
After submitting your application, the court will schedule a hearing. If you’re concerned about being in the same room as your ex-partner, you can request separate entrances or bring someone for support. In cases of emergency applications, your ex-partner may not be present at the first hearing.
At the hearing, the court will decide whether to grant the order. After the ruling, you’ll receive a copy of the order by mail, and it must be served to your ex-partner to be enforceable.
Moving Forward
Once you have secured your living situation, you’ll need to think about your long-term housing options. If you wish to stay in the home alone, consider changing the tenancy agreement or taking other necessary steps.
For more information about your rights and what to do when you separate, visit GOV.UK or consult with a legal adviser through Contend’s legal expert chat. Remember, you don’t have to navigate this process alone—seek support from trusted friends, family, or professionals. Contend is the Easiest Legal Help in the UK.
For more info, check out some of our related articles:
