I am the sole legal owner

If you are the sole legal owner then you have the right to stay in the home. However, there are a number of options your spouse or civil partner can take to establish rights to the property. These include establishing a beneficial interest and home rights. Ultimately, the court can decide to transfer the property from the owner to the non-owner.

I am a joint legal owner

If you are a joint legal owner then you have the right to stay in your home. The other joint owner has the same rights as you to stay in the home. If you feel you and your partner shouldn't have the same rights to the property, for example, because of the contributions you've made towards the home, you can apply to establish a beneficial interest to try to alter your share of the property. However, if you've been in a long marriage then it will nearly always work out 50:50, so if you can sort things out without going to court, it could save you a lot of money.

I am divorcing/dissolving my civil partnership

If you are married or in a civil partnership, a decision on the long-term rights you have to your home can be made as part of divorce/dissolution proceedings. Decisions made at divorce/dissolution proceedings will overrule any previous decisions made about rights to the home.

I am not divorcing/dissolving my civil partnership

If you're not planning to divorce or dissolve your civil partnership, you will have fewer legal remedies open to you. This is because the courts have more power under matrimonial and family law (eg if you're divorcing or dissolving your relationship) than they do under property law.

I am not a sole or joint owner

If you feel like you've made contributions towards the home, for example, making payments towards the mortgage, renovation of the home or bills, you can apply to establish a beneficial interest. This has to be done through the courts and will require a solicitor. Having a beneficial interest could allow you to stay in the home, prevent the sale of a home, or receive a share of the financial proceeds if the home is sold.

If you establish a beneficial interest then you may be able to ask the court to order or prevent the sale of the home.

Does it make a difference if we have children?

Whether you are planning to divorce/dissolve your civil partnership or not, property can be transferred from one spouse or civil partner to the other if the court decides it's for the good of children. You will need to speak to an adviser if you want to take this course of action - find one in your area using our advice services directory. The adviser is likely to tell you that you will also need the help of a family law solicitor.