If your relationship with your spouse has ended, your housing rights will depend on a number of factors. We've listed the basic facts below but, because the law in this situation is complicated, we recommend you get advice.
Find out about emergency help if you are a victim of domestic violence
Renting - joint tenants
You have equal rights to remain in the home if the tenancy is in both your names. You are both liable for all the rent, which means if one person leaves and stops paying their share, the other person will have to make up the difference or could risk being evicted. If one person wants to leave, the remaining tenant will need to negotiate with the landlord to change the tenancy to be in his or her name only. If there is a dispute over who should stay in the property, you can ask the courts to intervene to resolve the issue. You will need to see a solicitor for help with this.
If you are a council tenant, it may be possible to negotiate with your local authority for one party to be re-housed. Contact your housing officer at Housing Oncall on 953 2525 (Manchester council tenants only).
If your partner has been violent or threatening, you may be able to get a court order to exclude them from the property. Get advice about this.
Renting - tenancy in one person's name only
You both have legal rights to stay in the home regardless of who the tenant is. If you are a council tenant, and both of you agree you can apply to have the tenancy transferred into the name of the non-tenant. The council has the right to refuse this request. Seek advice if this happens.
If your partner has been violent towards you, you can ask the council for assistance as a homeless person.
If you are a private tenant you may be able to swap the tenancy over if you are both in agreement and your landlord allows this. If you are not in agreement see below:
Renting - tenancy in one person's name only - can't agree
If you are unable to reach an agreement over who stays in the property you may need to get help from the courts. In some circumstances a court may decide to exclude either you or your spouse from the home if it believes it is reasonable to do so. This is even when the excluded party is the tenant. In some case a court can transfer a tenancy from one spouse to another. You will also need the agreement of your landlord to change the tenancy from one name to another. If you need help with this, you will need to consult a solicitor.
Owner occupiers - joint owners
You and your spouse have equal rights to live in the home and are entitled to a share of proceeds if the property is sold. You are both liable for all the mortgage payments, which means if one person leaves and stops paying their share, the other person will have to make up the difference or could risk the home being repossessed.
Owner occupiers - house in one person's name only
If you are married, you both have legal rights to occupy the home and you can only exclude one spouse from the home with a court order. However, the spouse who owns the property does not need the consent of the non-owner spouse to sell the property.
If the property is registered in your spouse's name only, you may eventually have to use a court to decide who has ownership or rights over the home. You should, however, register your interest (known as 'registering a charge') in the property through the Land Registry. This should prevent your spouse from selling the property without your knowledge or before the court has had time to make a decision. In some circumstances the owner of the property can be ordered to live somewhere else as a short-term measure. Get advice.
Owner occupiers - divorce proceedings
If you are going through a divorce, how the marital home is divided may be up to the court. Certain things will be taken into consideration such as:
- Dependent children and their ages
- Current and future income capacity of you and your spouse
- The level of income that you and your spouse need in order to live comfortably (taking into account, for example, other dependents)
- The quality of life that you and your spouse are accustomed to
- The length of your marriage
- Anything else that might be considered relevant
The court has varied powers to decide what happens to the marital home. It may order the sale of the property. Any money raised will then be shared between you. Or, it may order that one partner can remain in the property until such time as that partner remarries and/or any dependent children reach adulthood.
Information on other websites
Gingerbread
More detailed information about your home on relationship breakdown
Adviceguide from Citizens Advice
Information about ending a relationship including dealing with property and finances
Shelter
Passing on a tenancy for private tenants
The Family Mediators' Association
Organisation that offers a mediation service for people who are separating or going through divorce. Includes details of local mediators.
Need more help? Live in Manchester? Send us an email
Information Provider:
Manchester Advice
Date Reviewed:
27 October 2008
This information is for guidance only and is not an authoritative statement on the law. Please read our Terms and Conditions.
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