Homelessness

When a relationship breaks down it can be hard to decide which partner leaves the home. You may have rights to continue living there.

Joint tenants and joint home owners

If you have a joint tenancy or joint ownership of your home, you both have a legal right to live there. In this case:

• you should not leave unless you have found somewhere else to live that meets your needs
• neither partner is allowed to change the locks or stop the other from being in the property

If you cannot decide who should leave the property, you may need to apply to the court for an Occupation Order. You should ask for advice from a solicitor if you wish to do this.

Sole tenants and sole home owners – married or civil partners

If you are married or civil partners, you may have a legal right to live at the property even if only your partner is named on the tenancy or property deeds. If this is the case:

• you should not leave unless you have found somewhere else to live that meets your needs
• neither partner is allowed to change the locks or stop the other from being in the property

If you cannot decide who should leave the property, you may need to apply to the court for an Occupation Order. You should ask for advice from a solicitor if you wish to do this.

Sole tenants and sole home owners – not married or civil partners

If you are not married or civil partners, and only your partner is named on the tenancy or property deeds, you do not have a legal right to stay in the property. Your partner can ask you to leave, but they should give you reasonable notice.

If you have a child or children from the relationship, you can apply to the Court for an Occupation Order in the interests of the children. If you have made financial contributions, you could make a case to the Court that you have a beneficial interest in the property. You should ask for advice from a solicitor if you wish to do either of these.

If you are at risk of domestic abuse or violence

Help is available if you are at risk of domestic abuse or violence – go to our Domestic abuse pages.

If you are at risk of becoming homeless

You can ask for help from any council in England if you are think you will be made homeless in the next 56 days (8 weeks). They will look into your needs and make a plan to help you sort out your housing problem. You may be offered temporary housing while your application is being assessed.