Relationship breakdown - what are my rights?
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Housing laws vary between England and Scotland. This page applies to England only. Get advice relating to Scotland
Advice Tool
Relationship breakdown tool
Splitting up is never easy. You may face housing issues, like the question of where you will live. This easy-to-use tool will give you an idea of your housing rights and possible outcomes for you (and your children if you have any).
If you are in danger you may need to contact the police, or find a refuge to stay in. Unfortunately there are not many refuges available for men – if you are a man needing support, you could contact the Men’s Advice Line.
Start the assessment now:
Question 1 Are you married/in a civil partnership, or are you unmarried?
Question 2 Are you a homeowner?
Question 3 Are you the sole owner?
Question 3 Are you a tenant?
Question 4 Are you the sole tenant?
Question 4 Does your partner own the home?
Question 2 Are you a homeowner?
Question 3 Are you the sole owner?
Question 3 Are you a tenant?
Question 4 Are you the sole tenant?
Question 4 Does your partner own the home?
Result Married/Civil Partnership, sole owner
What happens if I leave?
It is likely that you will be repossessed if you stop paying your mortgage. Don't simply post your keys through your lender's postbox, you will still need to pay the mortgage until the home is sold.
However:
- if you don't have a mortgage won't lose your home
- if it stays unoccupied for a long time, the council may be able to rent it out
- your home may also fall into disrepair, or be targeted by vandals/squatters if it is left unoccupied
Can I stay in the property?
Yes - you can stay in the property unless the courts have excluded you. However:
- Your partner will be able to claim home rights to stay in the property, and to prevent any sale in the short-term. This means that they can register their rights on the land registry to give notice to any potential buyers that they have a right to live in the home, and any sale will be subject to this right. However, your partner will not be responsible for any arrears (unless a court order makes them liable for the mortgage arrears).
- Your partner may also be able to get an occupation order allowing them to:
- stay in/or
- return to the property/or
- even exclude you in the short-term - especially if there are children living in your household.
- The partner who is responsible for any children is likely to be allowed to stay in the property even if they are not the owner.
- The court may also allow either/both you or your partner to stay as part of any divorce/separation proceedings.
Can I stay in the property and exclude the other person?
You can stay in the property unless the court excludes you, but your partner will have a right to stay in the property even if you ask them to leave - unless you can get a court order as part of your divorce/separation proceedings forcing them to leave.
- Your partner may also be able to get an occupation order allowing them to:
- stay in/or
- return to the property/or
- even exclude you in the short-term - especially if there are children living with them
- Your partner may also be able to argue that he/she has a beneficial interest to stay in the home or prevent any sale if:
- they have contributed to the mortgage payments, or
- to any development of the property, or
- if she/he has relied on any promises that have been made to him/her that he/she will have a share of the property - this is not easy to establish, and they will need to get advice
- If you are married or in a civil partnership your partner may also be able to register home rights to prevent any sale. This means that they can register their rights on the land registry to give notice to any potential buyers that they have a right to live in the home, and any sale will be subject to this right.
- The partner who is responsible for any children is likely to be allowed to stay in the property even if they are not the owner.
- The court may also allow the non-owner stay as part of any divorce proceedings - and will decide who stays and goes.
Other issues
Your partner will be able to continue making the mortgage payments, if she/he can establish home rights.
- Your partner can also apply for a court order not to end their matrimonial home rights. However, this does not mean that you will be able to delay the sale indefinitely, as either party can still seek a court order to sell the property.
- If you are married your partner will be able to apply to be joined in any mortgage possession proceedings against you, and to be told of any possession action (if their rights have been registered).
- You may be able to negotiate or arrange for mediation with your partner and come to an arrangement.
- You may also want to transfer the property to your partner.
- You can agree to sell the property and share any proceeds from sale.
Result Married/Civil Partnership, joint owner
What happens if I leave?
Yes, you are free to leave the property, but if your name is on the mortgage you will still be liable for paying your share - if you still have a joint mortgage.
It is also likely that you will be repossessed if you stop paying your mortgage. Don't simply post your keys through your lender's postbox, you will still need to pay the mortgage until the home is sold. However:
- if you don't have a mortgage won't lose your home
- if it stays unoccupied for a long time, the council may be able to rent it out
- your home may also fall into disrepair, or be targeted by vandals/squatters if it is left unoccupied.
Can I stay in the property?
Yes you will be able to stay in the property unless the court orders you to leave.
- Your partner may also be able to get an occupation order allowing them to:
- stay in/or
- return to the property/or
- even exclude you in the short-term - especially if there are children living in your household.
- In divorce/separation proceedings the court can decide who will stay in the property and what share each partner will have.
- The court can even order a sale. In most cases the court will allow the partner responsible for any children to stay in the property.
Can I stay in the property and exclude the other person?
You will not simply be able to ask your partner to leave, they will have a right to stay on until any divorce/separation proceedings have been finalised and the courts decide who/if anyone can stay, or what should be done with the property. However:
- Your partner may also be able to get an occupation order allowing them to:
- stay in/or
- return to the property/or
- even exclude you in the short-term - especially if there are children living in your household.
- You can ask the court to decide. In most cases the court will allow the partner responsible for any children to stay in the property.
Other issues
- You may be able to negotiate or arrange for mediation with your partner to come to an arrangement with them.
- You may be able to come to an agreement to sell voluntarily.
- If your partner stops paying the mortgage and leaves you, you will still be responsible for making all the mortgage payments.
Result Married/Civil Partnership, sole tenant
What happens if I leave?
If you leave the property you will still be responsible for the rent until the tenancy has been ended properly.
You can only end the tenancy by:
- Giving notice to quit - this must be done in writing and must give at least four weeks/ or one month's notice (depending on your tenancy). You can only end the agreement after any fixed-term has come to an end, otherwise you will have to continue paying the rent until the initial term you signed up to is over, or unless the landlord agrees that you can leave early.
- Tenancy transfer/assignment - this is only allowed for certain types of tenancy - this means giving the tenancy to your partner, and depends on what the agreement and landlord says.
- Surrender - Both tenants can agree to give up the tenancy and the landlord will need to agree to the surrender.
Can I stay in the property?
Yes, you will be able to stay in the property. However:
- Your partner may also be able to get an occupation order allowing them to:
- stay in/or
- return to the property/or
- even exclude you in the short-term - especially if there are children living with them.
- If you get divorced/separated the court can assign or transfer the tenancy to either partner. The court will be more likely to transfer a tenancy to a partner who is responsible for bringing up the children.
Can I stay in the property and exclude the other person?
Your partner will have a right to stay in the property even if you ask them to leave - unless you can get a court order forcing them to leave.
- Your partner may also be able to get an occupation order allowing them to:
- stay in/or
- return to the property/or
- even exclude you in the short-term - especially if there are children living in your household.
- If you get divorced/separated the court can assign or transfer the tenancy to your partner. The court will be more likely to transfer a tenancy to a partner who is responsible for bringing up the children.
Other issues
Use our tenancy checker to find out what rights you might have. However:
- If you have an assured shorthold tenancy, there may be little point in going to court to keep your rights as the landlord can evict you quite easily.
- You may be able to negotiate or arrange for mediation with your partner and come to an arrangement.
Result Married/Civil Partnership, joint tenant
What happens if I leave?
If the tenancy is periodic, and runs from week to week, or month to month (as opposed to having a fixed-term) notice from one tenant will end the tenancy for all/both the other joint tenants. However, if you leave the property without giving notice you will still be liable for the whole rent until the tenancy has been ended properly.
You can properly end the a tenancy by:
- Giving notice to quit - this must be done in writing and must give at least four weeks/ or one month's notice (depending on your tenancy).
- Tenancy transfer/assignment - This must be by deed (witnessed and in writing), and is only allowed for certain types of tenancy - and your landlord may refuse to allow this and end the tenancy for both of you.
Can I stay in the property?
You will be able to remain in the property unless:
- The court orders you to leave.
- The court transfers the tenancy to one of the tenants/[or to a child] - only if the couple are getting divorced/separated.
- The court intervenes to grant one person an occupation order allowing that person to:
- stay in/or
- return to the property/or
- even exclude you in the short-term - especially if there are children living in your household.
Can I stay in the property and exclude the other person?
For joint tenancies, if one joint tenant gives a notice to quit, the tenancy will be ended for all the tenants. So, if you force your partner to leave by ending the tenancy you will also need to leave, unless:
- The court intervenes to grant one person an occupation order allowing that person to:
- stay in/or
- return to the property/or
- even exclude you in the short-term - especially if there are children living in your household.
- The court can transfer the tenancy to one of the tenants/[or to a child] - only if the couple are getting divorced/seperated.
Other issues
Use our tenancy checker to find out what rights you might have. However:
- If you have an assured shorthold tenancy, there may be little point in going to court to keep your rights as the landlord can evict you quite easily - only certain tenancies are worth going to court over, so use our tenancy checker to work out whay kind of tenancy you may have.
- You may be able to negotiate or arrange for mediation with your partner to come to an arrangment with them.
- If you have a joint tenancy, notice to quit by one joint tenant ends the tenancy for both tenants.
- Both joint tenants will be responsible for any rent arrears - even those caused by the other tenant, so if your partner leaves and stops paying the rent, you will be responsible for paying all of it.
Result Married/Civil Partnership, partner is owner
What happens if I leave?
You can always leave the property if your name is not on the title. However, you may have rights to the property.
Can I stay in the property?
Yes, you may be able to stay in the property, if:
- You may also be able to argue that you have a beneficial interest – ie a share of the proceeds of sale/and a right to stay in the home or delay any sale if:
- you have contributed to the mortgage payments, or
- to any development of the property, or
- if you have relied on any promises that have been made to you that you will have a share of the property - this is not easy to establish, you will need to get advice.
- The court may also award you a share in the property as part of the divorce/separation proceedings - even if you are not the owner.
- You may be able to go to court to get an occupation order allowing you to:
- stay in/or
- return to the property/or
- even exclude the other person in the short-term - especially if there are children living in your household.
- If there are children living the property the court may allow the non-owner to remain in the property if they are responsible for looking after the children.
- You can register home rights with the Land Registry to prevent any sale. This means that you can register your rights on the Land Registry to give notice to any potential buyers that you have a right to live in the home, and any sale will be subject to this right.
Can I stay in the property and exclude the other person?
You may be able to exclude your partner if:
- The court decides that you can stay in the property as a result of divorce/separation proceedings.
- The court decides that the parent with responsibility for the children can stay in the home, even if their name is not on the title.
- You may be able to get an occupation order allowing you to:
- stay in/or
- return to the property/or
- even exclude the other person in the short-term - especially if there are children living in your household.
Other issues
- You will be able to continue making the mortgage payments, if you can establish home rights. However, you will not liable for the owners’ arrears (unless a court order is made, making you responsible). This means that you can register your rights on the Land Registry to give notice to any potential buyers that you have a right to live in the home, and any sale will be subject to this right.
This does not mean that you will be able to delay the sale indefinitely, as either party can still seek a court order to sell the property. - You will be able to apply to be joined in any mortgage possession proceedings against your partner, and to be told of any possession action (if their rights have been registered).
- You will also be able to apply for a court order not to end the matrimonial home rights.
- You may be able to negotiate or arrange for mediation with your partner to come to an arrangement with them.
Result Married/Civil Partnership, partner is renting
What happens if I leave?
You can always leave the property if your name is not on the tenancy agreement
Can I stay in the property?
If your name is not on the tenancy agreement:
- The court can transfer the tenancy to you as a result of divorce/separation proceedings, or if you are responsible for children.
- You may also be able to get an occupation order allowing you to:
- stay in/or
- return to the property/or
- even exclude the other person in the short-term - especially if there are children living in your household.
Can I stay in the property and exclude the other person?
If you are not a tenant you will normally have to leave the property, unless:
- you can get an occupation order allowing you to:
- stay in/or
- return to the property/or
- even exclude the other person in the short-term - especially if there are children living in your household.
- The court may also allow you stay as part of any divorce/separation proceedings, and transfer the tenancy into your name.
Other issues
Use our tenancy checker to find out what rights you might have. However:
- If you have an assured shorthold tenancy, there may be little point in going to court to keep your rights as the landlord can evict you quite easily.
- You may be able to negotiate or arrange for mediation with your partner to come to an arrangment with them.
- The court, the landlord, or the tenant may be able to grant you a sole tenancy in your name.
- The court, the landlord, or the tenant may be able to evict you.
Result Unmarried sole owner
What happens if I leave?
It is likely that you will be repossessed if you stop paying your mortgage. Don't simply post your keys through your lender's postbox, you will still need to pay the mortgage until the home is sold. However:
- if you don't have a mortgage won't lose your home
- if it stays unoccupied for a long time, the council may be able to rent it out
- your home may also fall into disrepair, or be targeted by vandals/squatters if it is left unoccupied.
Can I stay in the property?
Yes, you will be able to stay in the property. However:
- Your partner can claim an occupation order to stay in/or return to the property in the short-term, or even to exclude you.
- Your partner may also be able to argue that he/ she has a beneficial interest to stay in the home or prevent any sale if:
- they have contributed to the mortgage payments, or
- to any development of the property, or
- if she/he has relied on any promises that have been made to him/her that he/she will have a share of the property - this is not easy to establish, you will need to get advice.
- If your partner is responsible for any children, the court can order that they should be able to stay in the property, and even exclude you.
Can I stay in the property and exclude the other person?
You should be able to exclude the other person living in the property from the home, unless there are dependent children living in the property, in which case the courts are unlikely to allow this. However:
- Your partner may also be able to get an occupation order allowing them to:
- stay in/or
- return to the property/or
- even exclude you in the short-term - especially if there are children living in your household.
- Your partner may also be able to argue that he/ she has a beneficial interest to stay in the home or prevent any sale if:
- they have contributed to the mortgage payments, or
- to any development of the property, or
- if she/he has relied on any promises that have been made to him/her that he/she will have a share of the property - this is not easy to establish, you will need to get advice.
- The court can make an order that the partner who is responsible for any children is allowed to stay in the property even if they are not the owner.
Other issues
You may be able to negotiate or arrange for mediation with your partner and come to an arrangement.
Result Unmarried joint owner
What happens if I leave?
Yes, you are free to leave the property, but as your name is on the mortgage you will still be liable for paying your share (if you still have a mortgage).
It is also likely that you will be repossessed if you stop paying your mortgage. Don't simply post your keys through your lender's postbox, you will still need to pay the mortgage until the home is sold. However:
- if you don't have a mortgage won't lose your home
- if it stays unoccupied for a long time, the council may be able to rent it out
- your home may also fall into disrepair, or be targeted by vandals/squatters if it is left unoccupied.
Can I stay in the property?
You will be able to stay in the property - unless the court orders you to leave. However:
- Your partner may also be able to get an occupation order allowing them to:
- stay in/or
- return to the property/or
- even exclude you in the short-term - especially if there are children living in your household.
- The court can also order a sale, particularly if it is in the interests of any children.
Can I stay in the property and exclude the other person?
You will not simply be able to ask your partner to leave. Both parties will have an equal right to stay on and it is best to come to an agreement about what should happen with the property and any proceeds of sale - otherwise you will need to go to court for a decision and this can be very costly. However:
- Your partner may also be able to get an occupation order allowing them to:
- stay in/or
- return to the property/or
- even exclude you in the short-term - especially if there are children living in your household.
- Ask the court to decide. In most cases the court will allow the partner responsible for any children to stay in the property.
Other issues
- You may be able to negotiate or arrange for mediation with your partner and come to an arrangement.
- You may be able to come to an agreement to sell voluntarily.
- If your partner stops paying the mortgage and leaves you, you will still be responsible for making all the mortgage payments.
Result Unmarried sole tenant
What happens if I leave?
If you leave the property you will still be responsible for the rent until the tenancy has been ended properly.
You can only end the a tenancy by:
- Giving notice to quit - This must be done in writing and must give at least four weeks/ or one month's notice (depending on your tenancy). You can only end the agreement after any fixed-term has come to an end, otherwise you will have to continue paying the rent until the initial term you signed up to is over.
- Your partner may be able to get the tenancy transferred into their name, particularly if they are responsible for bringing up children.
- Surrender - Both tenants can agree to give up the tenancy and the landlord will need to agree to the surrender.
Can I stay in the property?
Yes, if the tenancy is just in your name you will be able to stay in the property.
Only the partner whose name is on the lease will be able to stay in the property - your partner will not be able to stay in the property if you ask them to leave. Unless:
- Your partner is able to get an occupation order allowing them to:
- stay in/or
- return to the property/or
- even exclude you in the short-term - especially if there are children living in your household.
- Your partner may be able to get the tenancy transferred into their name, particularly if they are responsible for bringing up children.
Can I stay in the property and exclude the other person?
You should be able to ask your partner to leave if your relationship breaks down. However:
- Your partner may also be able to get an occupation order allowing them to:
- stay in/or
- return to the property/or
- even exclude you in the short-term - especially if there are children living in your household.
- Your partner may be able to get the tenancy transferred into their name, particularly if they are responsible for bringing up children.
Other issues
Use our tenancy checker to find out what rights you might have. However:
- Most tenants will have an assured shorthold tenancy which gives you little protection from eviction, so there may be little point in going to court to keep your rights as the landlord can evict you quite easily.
- You may be able to negotiate or arrange for mediation with your partner and come to an arrangement.
Result Unmarried joint tenant
What happens if I leave?
One tenant will end the tenancy for all/both the other tenants by giving notice to quit to the landlord. However, if you leave the property you will still be liable for the whole rent until the tenancy has been ended properly.
You can properly end the a tenancy by:
- Giving notice to quit - this must be done in writing and must give at least one month's notice
- Tenancy transfer/assignment - Must be by deed (witnessed and in writing), and is only allowed for certain types of tenancy - and your landlord may refuse to allow this and end the tenancy for both of you.
Can I stay in the property?
You will be able to remain in the property unless:
- The court orders you to leave.
- The court transfers the tenancy to one of the tenants/or to a child.
- The court intervenes to grant one person an occupation order allowing that person to:
- stay in/or
- return to the property/or
- even exclude the other person in the short-term - especially if there are children living in your household.
Can I stay in the property and exclude the other person?
If one joint tenant gives a notice to quit the tenancy will be ended for all the tenants. So if you try to force your partner to leave you will also need to leave, unless:
- The court intervenes to grant one person an occupation order allowing that person to:
- stay in/or
- return to the property/or
- even exclude the other person in the short-term - especially if there are children living in your household.
Other issues
Use our tenancy checker to find out what rights you might have. However:
- If you have an assured shorthold tenancy, there may be little point in going to court to keep your rights as the landlord can evict you quite easily - only certain tenancies are worth going to court over, so use our tenancy checker to work out whay kind of tenancy you may have.
- You may be able to negotiate or arrange for mediation with your partner to come to an arrangment with them.
- If you have a joint tenancy, a ‘notice to quit’ by one joint tenant ends the tenancy for both tenants.
- Both joint tenants will be responsible for any rent arrears - even those caused by the other tenant, so if your partner leaves and stops paying the rent, you will be responsible for paying all of it.
Result Unmarried, partner is owner
What happens if I leave?
You can leave the property if your name is not on the title. However, you may have rights to the property.
Can I stay in the property?
You will need to go to court and get:
- An occupation order allowing you to:
- stay in/or
- return to the property/or
- even exclude the other person in the short-term - especially if there are children living in your household.
- A beneficial interest – ie a share of the proceeds of sale/ and a right to stay in the home or delay any sale if:
- you have contributed to the mortgage payments, or
- to any development of the property, or
- if you have relied on any promises that have been made to you that you will have a share of the property - this is not easy to establish, you will need to get advice.
- If you are responsible for any children, the courts may allow you to stay in the property, even if you are not the owner.
Can I stay in the property and exclude the other person?
You will not be able to stay in the property and exclude your partner, unless you can:
- Claim a beneficial interest and get a share in the property, to stay in the home or prevent any sale.
- You may be able to get an occupation order allowing you to:
- stay in/ or
- return to the property/ or
- even exclude the other person in the short-term - especially if there are children living in your household.
- If you are responsible for any children, the courts may allow you to stay in the property, even if you are not the owner.
Other issues
- You will be able to continue making the mortgage payments, if you can establish home rights. However, you will not liable for the owners’ arrears (unless a court order is made, making you responsible).
- You will be able to apply to be joined in any mortgage possession proceedings against your partner, and to be told of any possession action (if your rights have been registered).
- You may be able to negotiate or arrange for mediation with your partner and come to an arrangement with them.
- You may be able to come to an agreement to sell voluntarily.
Result Unmarried, partner is renting
What happens if I leave?
You can always leave the property if your name is not on the tenancy agreement
Can I stay in the property?
If your name is not on the tenancy agreement:
- The court can transfer the tenancy to you particularly if you are responsible for children.
- You may also be able to get an occupation order allowing you to:
- stay in/or
- return to the property/or
- even exclude the other person in the short-term - especially if there are children living in your household.
Can I stay in the property and exclude the other person?
- If you are not a tenant you will normally have to leave the property, unless you can get an occupation order allowing you to:
- stay in/or
- return to the property/or
- even exclude the other person in the short-term - especially if there are children living in your household.
- The court may decide to let you stay in the property and exclude the other person - especially if there are children living in your household - and transfer the tenancy into your name.
Other issues
Use our tenancy checker to find out what rights you might have. However:
- If you have an assured shorthold tenancy, there may be little point in going to court to keep your rights as the landlord can evict you quite easily.
- You may be able to negotiate or arrange for mediation with your partner and come to an arrangment.
- The court, the landlord, or the tenant may be able to grant you a sole tenancy in your name.
- The court, the landlord, or the tenant may be able to evict you.
