You have fewer rights to occupy the family home following a relationship breakdown if you are unmarried. We've listed some of 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 so need to come to some arrangement between yourselves as to who stays in the property. 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 you decide that one of you wants to stay in the property, you will need to negotiate with your landlord to change the tenancy into the name of the remaining tenant only. If you are unable to come to an agreement about who should stay in the home, you may need to resolve the matter through the courts. You will need to see a solicitor for assistance with this. The landlord may still be able to take possession of the property if s/he is not happy with the situation.
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
If the tenancy is in your partner's name, you have few rights to remain in the property. While in some circumstances a court can decide who stays in the short term, this is not an option available to everyone. If you are a council tenant, and both of you agree, you can apply to have the tenancy transferred into your name. The council has the right to refuse this request. Get advice if this happens.
If your partner has been violent towards you, you can ask the council for assistance as a homeless person.
Owner occupiers - joint owners
You are both entitled to a share in the value of the property. How much you get will depend on how much you have contributed, for example, if your partner paid more towards the deposit of the property, he or she will be entitled to a larger share. If there is a dispute around selling the property, you can protect your interests by entering a restriction on the land register. For more information, look at the Land Registry website (external website) or get advice.
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. If there is a dispute about who is to occupy the property in the short term, you may need to resolve the matter through the courts. You will need to consult a solicitor for assistance with this.
Owner occupiers - house in one person's name only
If your partner owns the property, your rights are limited. While it may be possible to ask the courts to decide who stays in the property in the short term, you will need to get specialist legal advice about this and how to protect your interests in the property.
Information on other websites
Gingerbread
More detailed information about your home on relationship breakdown
Advicenow
A useful guide to living together for unmarried couples
Adviceguide from Citizens Advice
Information about ending a relationship including dealing with property and finances
Shelter
Information about owner-occupiers on relationship breaddown
The Family Mediators' Association
Organisation that offers a mediation service for people who are separating or going through divorce. Includes details of local mediators.
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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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