Relationship breakdown and housing rights for people

What happens to your home when you separate - Citizens Advice

relationship breakdown and housing rights for people

Relationship Breakdown: Your Housing Options have their relationship recognised in law. explains the rights of people living in the social housing sector. Your rights to stay in your home often depend on whether you own or rent your If you have a solicitor helping you deal with your relationship breakdown he or can look at the other housing options available to people in Northern Ireland. You can also check what tenancy you have with Shelter's tenancy checker. If you're both named as tenants, you'll be 'joint tenants' and have the same rights.

Furthermore, one joint tenant can give notice to end the tenancy without the consent of the other.

relationship breakdown and housing rights for people

If this happens, the remaining tenant may find that they become homeless. If you jointly own or rent a property and you are at risk of violence, we may accept that you are homeless.

relationship breakdown and housing rights for people

We will have to assess if we owe you a duty with accommodation and our page on Homelessness advice and support can give you more information about the criteria that need to be met for us to owe you a duty with accommodation. Married couples and civil partners If you and your spouse are married or in a civil partnership, it does not matter who actually owns or rents the property. If your partner is the sole owner or tenant of the property, the law recognises that you have an equal right to live there as you are married or in a civil partnership.

Again, it is unlikely we will accept you as homeless unless you are at risk of violence.

Housing and relationship breakdown

You can seek an order from the court to have the ownership or tenancy of the property transferred to you. If your partner leaves and you remain in the property, you have the right to pay the mortgage or rent on their behalf. If you are on a low income or benefits, you can claim help with housing costs to help you meet the financial obligations on the property.

If you want to seek an order from the court to have the property rights transferred to you, you will need to consult a solicitor.

Your housing rights | Sorting Out Separation

Cohabiting couples If you are not married to your partner, what rights you have to the property will depend on what interest you have in the property. You should try and make sure your tenancy agreement is updated if either of you leave. Your landlord then needs to end the joint tenancy and start a new one with the person who stays. If only one person is named on the contract Ask your landlord to change the name on the contract if the named person wants to leave - this is called 'assignment'.

You can apply for a transfer of tenancy if your landlord refuses to change your contract. You'll need to go to court.

It's usually not worth going to court to transfer if you have an assured shorthold tenancy - unless your landlord is a housing association. Your landlord might want to end the joint tenancy and start a new one with the person who stays. When you speak to an adviser, take a copy of your tenancy agreement if you can. If your ex-partner wants to end the tenancy You can try to stop this from happening if you want to stay.

Housing and relationship breakdown | Tendring District Council

If you own your home You have the right to stay in the home if you're married, in a civil partnership or on the 'title deeds' - the document that proves who owns your home.

If you're both on title deeds, it means you both own your home. You'll both need to decide what happens to your home. You might both own the whole property together - known as 'joint tenancy'.

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You'll need to go to mediation or a solicitor if you can't sort out what share you'll each get - the starting point is usually that you'll each get half. You might each own a part of the property - for example, half each - known as 'tenancy in common'.