Relationship Breakdown

Relationship Breakdown

Note: There is a separate leaflet called Domestic Violence available to guide you if you have to leave your home because of actual or threatened domestic violence.

This Information aims to point you in the right direction of your rights if you live with someone, but are thinking of separating, or you have already separated. It explains briefly what your legal rights to occupy your home are and what benefits you may be entitled to.

Issues Covered in the leaflet are:
(Sections referring to women could equally apply to men and vice versa)

Rights of Occupation

• Tenants: Married Couples
  
  Where Husband is the sole tenant

  • The wife has the right to remain in the home.

  • The husband will legally be responsible for paying the rent. If there are arrears and the matter is going to Court, then the wife can ask the Court to adjourn the hearing whilst she arranges her affairs. She has the right to pay the rent and other bills if she wants to.

  Where both parties are joint tenants

  • Both parties have the right to remain in the home.

  • Both partners are legally responsible for all of the rent and not just half.

  • Even if only one partner remains in the home, the joint tenancy continues until the landlord is given notice in writing.

  • If you are a Council tenant only one tenant has to give notice to end the tenancy.

  • If you are a private tenant then in certain circumstances both partners have to give notice.

• Tenants: Cohabiting Couples
  (partners of same sex are in this category)
  
  Where one partner is the sole tenant

  • The partner who isn't the tenant, has very little security and the tenant simply has to give them reasonable notice' to leave (usually 4 weeks)

  • The partner who is the tenant is responsible for the rent.

  Where partners are joint tenants

  • Both partners have the right to stay in the home.

  • Both partners are legally responsible for all the rent and not half each.

  • Whilst one partner remains in the home the joint tenancy will continue.

  • If you are a Council tenant only one tenant has to give notice to end the tenancy.

  • If you are a private tenant then in certain circumstances both partners have to give notice.

• Transfers of Tenancies

In matrimonial proceedings the Court can order that a tenancy be transferred from one spouse to another. In certain circumstances, and with respect to certain tenancies, cohabitants, whether sole or joint tenants can also apply as long as both parties have lived in the home, together as husband and wife. (please seek further advice).

• Owner Occupiers: Married Couples
  
  Where the husband is the sole owner

  • For as long as the couple remains married the wife has the right to stay in the home.

  • The husband has a legal responsibility for the mortgage payments. If there are arrears and the matter goes to Court then the wife has the right to be heard if she is still living in the property.

  • A wife can stop her husband from selling the home, if she applies to the Land Registry to register an interest in the property.

  Where both partners are joint owners

  • Both partners have the right to remain in the home;

  • Both partners are legally responsible for the mortgage and if there are any arrears both partners are responsible for the full amount and not half each;

  • The house can not be sold unless both partners agree, or the Court orders it to be sold.

• Owner Occupiers: Cohabiting Couples
  
  Where one partner is the sole owner

  • The partner who is not the owner has very little security and this means that the owner simply has to give them reasonable notice to leave; (usually 4 weeks.)

  • The non-owning partner may be entitled to part of the proceeds from the sale of the home. This will depend upon financial contributions made to the purchase, repair or improvements made to the home.

  Where partners are joint owners

  • Both partners have the right to remain in the home.

  • Both partners are legally responsible for the full mortgage payments.

  • The house can not be sold unless both partners agree, or unless the Court orders it to be sold.

• Money

  Due to the change in your circumstances you may be entitled to certain BENEFITS such as Income Support, Housing Benefit, Family Credit, One Parent Benefit, Council Tax Benefit, Tax Allowances - please ask for more information.

This information is to be a guide to your rights only. If you wish to commence divorce proceedings, or sort out your rights to a property, you will need to consult a solicitor. If you are living on a low income, all or part of your legal costs may be met by the Legal Aid Scheme.