Relationship breakdown law if one partner is the sole owner

The Family Law Act 1996 gives some cohabitants the right to apply for an occupation order of the family home. It also allows the court to order a temporary transfer of liabilities in respect of a family home owned solely by one of the partners.

For cohabitants with children, the Children Act 1989 may also allow one partner to apply for a transfer of ownership in the interests of the child.

Property law explains the legal position of sole owners and non-owning cohabitants in relation to their interest in the home. Using property law principles, courts can establish what interests are held in the home, but they cannot transfer or redistribute those interests. Of particular relevance to relationship breakdown is the Trusts of Land and Appointment of Trustees Act 1996. Where family law applies, it can override property law rights.