Occupation rights for joint homeowners

Where a married couple or civil partners are joint owners, both partners have legal rights to occupy their home. Because their right of occupation arises from property law, no matrimonial rights to occupy are granted under the Family Law Act 1996 to married couples or civil partners who both have a legal interest in the home.

If they have a mortgage or other loan secured on the property that is in joint names, then both spouses or civil partners are jointly and separately liable for the full amount of the mortgage, regardless of who is occupying the home. Neither spouse nor civil partner can legally exclude the other without a court order.

In the case of joint owners, the share each spouse or civil partner holds in the property is not really relevant until it comes to dividing up the property in the case of a dispute. At this point, it may be necessary to establish what beneficial interest each spouse or civil partner holds in the property, particularly where the couple are not taking divorce or civil partnership dissolution proceedings and need to use property law to resolve any dispute. Mediation can help the couple reaching an agreement without going to the courts (for more information see Gov.uk: family mediation).

Establishing each spouse's or civil partner's beneficial interest is less relevant where the couple are divorcing or applying for a dissolution, as the courts can adjust property rights as they think fit in the course of proceedings.