What happens to your home when you separate - Citizens Advice
What rights you have will depend on the nature of your relationship with your Furthermore, one joint tenant can give notice to end the tenancy. This guide outlines the housing rights you have if your relationship with In many cases, particularly if you are divorcing or ending a civil partnership, you will . At the end of your relationship, a court can give have a safe place to stay and the housing rights of.
Again, it is unlikely we will accept you as homeless unless you are at risk of violence. You can seek an order from the court to have the ownership or tenancy of the property transferred to you. If your partner leaves and you remain in the property, you have the right to pay the mortgage or rent on their behalf. If you are on a low income or benefits, you can claim help with housing costs to help you meet the financial obligations on the property.
If you want to seek an order from the court to have the property rights transferred to you, you will need to consult a solicitor. Cohabiting couples If you are not married to your partner, what rights you have to the property will depend on what interest you have in the property. If you are a joint owner or tenant, you both have the right to remain in the property, even if your relationship has broken down.
However, if you are not married and your partner is the sole owner or tenant, you do not have the same rights as someone who is married. You'll need to get legal advice about this. You could get help with legal costs.
If you do own your home jointly with your partner and you decide to leave, you should take steps to protect your right to go back there if you want to. You should try and agree about whether the home should be sold. One joint owner can go to court to try and force the sale of the property. You will need to get legal advice about this. Rights to the home in rented property What rights you have to stay in the home will depend on whether only one of you is the tenant or you share the tenancy.
As a sole tenant you can ask the other partner to leave unless a court grants rights for your partner to stay.
If you have children a court can grant rights for a parent who is not the tenant to stay, initially for 6 months. When you share the tenancy, you have equal rights to stay in the home. You should get further advice from a Citizens Advice Bureau as your rights can be complicated.
Housing costs at the end of a relationship Paying the mortgage when a relationship breaks down If a mortgage is in joint names, both people are jointly and solely liable for the mortgage payments.
This is known as joint and several liability. This means that if one of you leaves and stops contributing to the mortgage payments, the lender can ask the other person to pay the full amount. If a mortgage is in one person's name, only that person is liable for the mortgage payments. If you're not married or in a civil partnership and your name isn't on the mortgage, the lender may try and repossess the property. You could offer to make the mortgage payments when your partner leaves and the lender may agree to accept them.
However, it doesn't have to accept. If you are in this situation you should get advice, for example, at a Citizens Advice Bureau.
Housing rights when a relationship breaks down
Paying the rent when a relationship breaks down Joint tenancy A joint tenancy means that all of the tenants named on the tenancy agreement are jointly and solely liable for the rent.
If the other joint tenant leaves and stops making payments towards the rent, the landlord can ask the other person to pay the full amount. It's important to keep paying the full amount, otherwise you may get evicted. In some cases, a joint tenant may end the joint tenancy by giving notice to the landlord. If you want to stay in the property you'll need to make sure this doesn't happen or if it has happened, you can negotiate with the landlord.
Your landlord may be able to give you a new tenancy in your name only. Sole tenancy which is not in your name If a tenancy is in the name of your partner, they will be liable to pay the rent for as long as the tenancy continues. If the rent isn't paid and arrears build up, the landlord may take action to evict you.
If you're not married or in a civil partnership and your name isn't on the tenancy agreement, the landlord may try and evict you. You could offer to pay the rent when your partner leaves and the landlord may agree to accept it. Benefits and housing costs If you stay in your home after your partner has left, depending on your income, you may be able to get Housing Benefit to help pay the rent.
If there is a mortgage, you may be able to get help with the mortgage interest. If you and your partner are both named on the tenancy and he or she gives notice to leave you should contact your landlord. Your landlord may be happy to give you a new tenancy agreement in your name only or allow you to find someone else to move into the property.
If you take over the tenancy on your own, you'll be responsible for paying the full rent on the property. Tenants with your own, individual tenancy agreements It's unusual for a landlord to give separate tenancy agreements to people living as a couple. But, if you do have your own agreement that doesn't mention your partner then you will probably still be able to live in the property if your partner leaves.
You'll only be responsible for whatever portion of the rent is specified in your individual agreement.