As both you and your ex-partner are legal owners, you both have the right to stay in the home, regardless of the nature of your relationship.

If you agree that one of you will leave, either of you can return to the property since you both legally own it. If you’ve been forced to leave, you can ask the court to enforce your right to return, unless there’s a court order that prohibits you from being in the home.

There are two types of joint ownership:

1. Joint tenants – You both own the entire property together. If one of you dies, the whole property automatically goes to the other partner.
2. Tenants in common – You each own a specific share of the property. This allows you to leave your share to whoever you choose in your will.

If your relationship has ended and you’re joint tenants, you may want to consider changing to tenants in common. This ensures the property doesn’t automatically pass to your ex-partner if you die before agreeing on what to do with the home. You may find our page on getting legal help helpful.

If you’re married or in a civil partnership

You have the right to stay in the home, known as home rights. To protect this, you can register your home rights with the Land Registry to prevent your partner from selling the property. You can find more information on how to register your home rights.

If you’re not married or in a civil partnership

Unfortunately, you don’t have an automatic right to stay in the home. However, you may be able to apply for a court order that would allow you to stay. The court will only grant this if they believe it’s in the best interest of your child, and it will likely only be for a limited time, such as until your child turns 18.

If you’ve contributed to the cost of the home or you and your ex-partner saw it as a shared property, you may have what’s called a beneficial interest in the home. This can be a complex legal area, so it’s important to seek specialist legal advice if you think this may apply to you.

If you’re married or in a civil partnership

Your ex-partner has the right to stay in the home, known as home rights. You can’t force them to leave. If you can’t come to an agreement, you can consider mediation, arbitration, or legal action. For more guidance on resolving disagreements, check out our page on getting help when you can’t agree.

If you’re not married or in a civil partnership

Your ex-partner doesn’t have an automatic right to stay in the home. You can ask them to leave, as long as you provide reasonable notice. However, if they’ve contributed financially to the home or you both agreed they had a stake in the property, they may be able to claim an interest. It would be their responsibility to prove this.

Regardless of the type of relationship you had, you have the right to stay in the home. The court can enforce this right and may issue an order granting the tenancy to one of the tenants, usually in favor of the parent with the children living with them most of the time.

If your ex-partner gives the landlord notice of their intention to leave, this could potentially end the tenancy. However, your landlord may agree to transfer the tenancy to you as the sole tenant. If your ex-partner leaves but refuses to pay the rent, you will be responsible for covering any rent owed, even though you’re joint tenants.

You might be eligible for help with your rent costs.

If you decide to leave and your ex-partner stays, you will need to formally end the joint tenancy and set up a new one. Be sure to get any changes agreed with your landlord in writing, so you aren’t accused of abandoning the tenancy and being held responsible for future rent payments.

You’re married or in a civil partnership

You have a right to stay in the home – this is called home rights. A court could order that the tenancy is transferred into your name as part of ending the marriage or civil partnership.

You’re not married or in a civil partnership

Unfortunately, you don’t have an automatic right to stay in the home. You might be able to apply to the court for the tenancy to be transferred into your name if this would be best for the children. If you’re forced to leave, you can apply for priority housing from your council as a homeless family.

If you’re married or in a civil partnership
You have the right to stay in the home, known as home rights. A court could order that the tenancy be transferred into your name as part of the divorce or separation process.

If you’re not married or in a civil partnership
Unfortunately, you don’t have an automatic right to stay in the home. However, you may be able to apply to the court for the tenancy to be transferred into your name, especially if it’s in the best interest of your children. If you’re forced to leave, you can apply for priority housing from your local council as a homeless family.

You’re married or in a civil partnership

Your ex-partner has the right to stay in the home – this is called home rights. You can’t make them leave. If the two of you can’t agree on a way forward, you can use mediation, arbitration or the legal system. Our pages on help when you can’t agree and getting legal support might be useful.

You’re not married or in a civil partnership

Your ex-partner doesn’t have the right to stay. So you can ask them to leave, as long as you give them reasonable notice.