Family Break Up
If a relationship breaks down, it’s very important to get quick, professional legal advice to make sure you protect your rights. And make sure you contact your housing officer.
The police can make a resident leave the property temporarily but a court can exclude them permanently.
For advice contact your local:
- Solicitor or Law Centre
- Citizens Advice Bureau
- Housing Aid Centre
- Relate (marriage guidance)
Both partners have the right to stay in the home until:
- a court orders one of the partners to leave
- on divorce, the court decides who must leave the home.
This applies whether the tenancy is in one or both partners’ names. If you cannot agree who should take over the tenancy, a court may have to decide.
With children: the court will normally seek to put any children's interests first and ensure that they do not become homeless.
Without children: the court's decision will depend on which of your is more likely to find alternative accommodation.
If you are unmarried
Who can stay at home depends on whether the tenancy is held in one or both partners’ names. Joint tenants have equal rights to remain in the home. Single named tenants have the right to ask their partner to leave the home, as the partner is legally only a licensee. However, the named tenant must give ‘reasonable’ notice. What counts as reasonable will depend on the circumstances.
If you are attacked or threatened, you can lock your attacker out. A partner has no automatic right to occupy the home. There is no such thing as a ‘common law’ wife or husband.
With children: a court may order you to transfer the tenancy. The court will normally seek to puts the children's interests first and ensure that they do not become homesless.
Without children: if you are not the legal tenant, you have few rights but should still seek legal advice.
Can your partner make you leave the home?
No – if you are their marriage partner or civil partner. You both have the same right to stay until:
- a court decides one of you must leave
- you get divorced from them or the civil partnership is legally ended.
- If your partner is the sole tenant, they can make you leave.
- They must give reasonable notice.
- Only a court can legally enforce the request to leave.
Seek legal advice. If one of you is violent, the police may remove that person from the home to await legal action.
Domestic violence
If your partner threatens or attacks you, contact the police for help. Your housing officer can advise you about rehousing and other options. We will give you advice and information within 24 hours and make an appointment to see you in our offices, at home or in a place where you feel safe. Customer Services can provide our leaflet on domestic violence and a copy of our domestic violence policy.
