Leaving the home
This content applies to England only.
Housing laws vary between England and Scotland. Get advice relating to Scotland
If you're thinking about leaving your home, it's important to work out where you're going first. You should also think about protecting any interest you might have in the home, in case you ever want to return.
Short-term options
In many cases the best option if you're keen to leave the home quickly is to stay with family or friends.
If you are at risk of violence or abuse and have nowhere to go and need to leave immediately, you can contact Women's Aid or the Men's Advice Line, or go to your local council. An adviser at your local council should be able to explain your options, or use our advice services directory to find an advice agency near you.
You can also make a homelessness application to the council - you might be eligible for temporary/ or permanent housing. The council is most likely to help you find private rented housing.
Longer-term options
At the same time that you're considering your short-term housing options, you'll need to think about your longer-term plans. This includes the following:
Council and housing association accommodation
You can explore your options by seeing a housing adviser at your local council. They can advise you on making a homelessness application to the council - you might be eligible for temporary or permanent council or housing association accommodation.
It is important to remember that most councils have long waiting lists – and very little accommodation. Therefore most people are likely to be offered help to find somewhere in the private rented sector.
If you refuse an offer of private accommodation, you may be considered intentionally homeless, and the council will not have to offer you any further help.
Renting privately
If you can afford the rent in advance and a deposit, it may be quicker to find somewhere to live with a private landlord - even if you cannot raise a deposit, there are some bond schemes that may be able to help you.
Some landlords need references, a credit check and/or a guarantor (someone who'll agree to pay the rent if you get into arrears). Landlords and agencies will sometimes waive this if you have a lump sum and can pay for the tenancy in advance.
Owning your home
If you have enough funds, you may wish to explore whether you can buy your own home by arranging a mortgage. It's best to approach the main lenders, and to get as much advice as possible. Some less well-known mortgage lenders charge very high interest rates (especially if you've had problems getting a mortgage through a high street lender).
Protecting your interest in the home
If you do want to leave the home, it is worth thinking about what might happen to it when you leave.
Home ownership
If your partner owns the home and tries to sell it, you will want to make sure you get any proceeds you're entitled to.
If the property is not sold and your partner stays living there, you may want them to:
- pay you money for your financial share in the property, or
- get a court order to sell it.
This could be especially important if you need money for setting up your new home.
Tenancies
If you are the sole tenant, the tenancy will end if you give a valid notice to quit. If you and your partner are joint tenants, it is important to remember that notice by one tenant will end the tenancy for all the other tenants.
See our relationship breakdown checker for more details of your rights.
Rights to return to the home
If you think you may want to return to the home after you've left it, you should find out what rights you have to return.
I am married or in a civil partnership
Occupation orders
If you are married or in a civil partnership with the owner or tenant of the home, you may have the right to return after you've left. If your partner tries to prevent you from coming back, you can apply for an occupation order through the courts to enforce your rights.
If you are a joint owner or joint tenant then you have the right to return after you leave, unless you've had an occupation order taken out against you, preventing you from returning.
Home rights
If you are a joint owner, or the property is in your partner’s name, or your partner has a lease of at least 7 years in their name alone, then you may be able to register matrimonial home rights.
I am living with someone (cohabiting)
If you are living with someone and you are either the owner or the tenant, or you have established a beneficial interest in the home, you may have the right to return. If your former partner tries to prevent you from returning, you can apply for an occupation order through the courts to enforce your rights. If you are a joint owner or tenant then you also have the right to return after you leave.
If you are cohabiting but not an owner, tenant, or someone with beneficial interest, you may still be able to apply for an occupation order, which could give you the right to return to your home and stay on a short-term basis.
