Who Gets to Stay in the House During a Separation?

When couples separate, one of the most pressing concerns is who gets to stay in the house. In the UK, home rights during a separation depend on the type of ownership and whether the couple is married or not. In this article, we will provide guidance on the process of separation in relation to home ownership and home rights.

Joint Home Ownership when Married

If a married couple owns their home jointly, both parties have equal rights to live there. However, the court may make an order for one party to leave if it is deemed necessary. This can be done by a court order under the Matrimonial Causes Act 1973.

More commonly, financial arrangements are made following the separation. This includes:

• One party buying the other’s share
• Selling the house and splitting it equally
• If the house is rented, requesting for a name to be removed from the tenancy agreement

Sole Home Ownership when Married

If one party owns the home, they have the right to live there. However, the other party may also have the right to occupy the home if they have contributed to its purchase or if they have been living there for a significant period of time.

Joint Home Ownership for Unmarried Couples

If an unmarried couple owns a home jointly, both parties have equal rights to live there. They will both be entitled to continue living in the property until they reach an agreement on how to progress forward.

Sole Home Ownership for Unmarried Couples

If one party owns the home, they have the right to live there, and their former partner has no automatic right to any share of the equity. However, the former partner can argue that they have a right to occupy the property if they made regular contributions to mortgage payments and there was an intention to share ownership of the property.

In this case, a court may rule that the former partner does have right to:

• Live in the property
• A share of the income if the property is rented out
• A share of the profit if the property is sold

The separation process can be complicated and emotional, especially when it comes to home ownership and home rights. If you’re facing a separation and need legal support, it’s important to seek the advice of a qualified lawyer. At Goodwins Family Law Solicitors, we offer Cohabitation Agreements and Separation Agreements to help ensure your rights and interests are protected as you navigate through this difficult period.

Our law firm is based in Harrow, London. Contact our specialist lawyers today for more information.