Home rights if you're married or have a civil partner
Marriage or civil partnership gives you home rights.
Home rights are sometimes called 'matrimonial home rights' or 'marital home rights'.
You do not have home rights just because you have lived together a long time.
You need a legal ceremony to be married or civil partners.
What are home rights?
Home rights mean you can live in the family home if you're married or civil partners.
They give you the right to:
live there even if you are not the tenant or owner
stay even if your ex tells you to leave
get back into your home if you have left
pay the rent or the mortgage
You can ask your council for homeless help if you cannot stay in your home.
The council must help if you need to leave because of domestic abuse.
They should not tell you to stay there or go back, even if you have home rights.
Video: Marital home rights
Video transcript
If you're married or in a civil partnership you have home rights.
Home rights mean that if you break up, you still have the right to live in the family home, even if your ex is the tenant or the owner.
Your ex cannot make you leave without going to court.
You also have the right to pay the rent or mortgage if your ex is not paying anymore, so the landlord or lender doesn't evict you for arrears.
Home rights only end when:
you're divorced or the civil partnership ends
the tenancy ends or the property is sold
a court tells you that you cannot live there anymore
You might need to talk to a family law expert about home rights.
You could get free legal help if you've experienced domestic abuse.
Lizzie explains home rights and how they could help you stay in your home if you're married or in a civil partnership.
Where do you have home rights?
You have home rights in a home you have lived in with your married or civil partner.
You also have them in a home you planned to live in together, even if you did not move in.
You do not have home rights in other places your ex owns or rents.
You still have home rights if:
you move out
the tenant or owner moves out
you have not paid any of the rent or mortgage
you are not named on the tenancy agreement, deeds or mortgage
If you've experienced domestic abuse
Find out how to make an abusive partner leave.
How long do you have home rights for?
Home rights last until:
the tenancy ends, if you are renting
your partner sells the property, if they own it
you divorce or end your civil partnership
a court decides one of you can no longer live there
A tenancy does not end just because the tenant leaves. Your ex or the landlord could take steps to end the tenancy.
You could get free legal advice or family mediation.
Paying the rent or mortgage
You have a right to pay the rent or mortgage.
The landlord or lender must accept payments from you.
You might need to pay to avoid eviction or repossession.
Your ex is still legally responsible for payments if they are a tenant or owner.
Find out:
Help with paying rent
If you have home rights and you are on a low income, you could get benefits to help pay the rent. You do not need to be the tenant.
Find out about:
universal credit if you're working age
housing benefit if you're pension age
Changing the name on a tenancy
The landlord cannot just change the name on a tenancy if you split up.
Your ex might be able to assign a housing association or council tenancy to you. This puts the tenancy into your name.
Find out about:
If your ex gives notice to end the tenancy
Many tenancies can be ended with 1 month's notice by the tenant.
Talk to the landlord if this happens. You could ask for a new tenancy in your name.
A council or housing association might agree to this. Especially if it will stop you or your children becoming homeless.
Private landlords will usually ask for proof that you can afford the rent if you stay on.
Stopping your ex from selling your home
Home rights do not stop your ex from selling your home.
But you can register home rights on the property with the Land Registry. This is sometimes called a 'home rights notice' or 'marital rights notice'.
This tells anyone who wants to buy the property that you have a right to live there. It can make it harder to for your ex to sell.
You can register home rights yourself on GOV.UK. A family law adviser could help.
Last updated: 19 April 2024
