What happens to your home when you separate - Citizens Advice
Section 1: Introduction. This leaflet provides information on housing options available in cases of relationship breakdown. It is not a precise statement of the law. What rights you have will depend on the nature of your relationship with If your partner is the sole owner or tenant of the property, the law. This section is designed to help you work out the options and rights you have to your This area of law is very complex and you may need to get legal advice from a the landlord and tenant setting out your rights to live in a rented property .
Housing information and advice
You can apply to the court to have the interest in the property transferred to you so that you become the sole owner or tenant of the property. You will need to see a solicitor about this matter.
Sometimes, a tenancy agreement will contain a clause stating that a tenancy cannot be transferred to another party without the consent of the landlord. Furthermore, one joint tenant can give notice to end the tenancy without the consent of the other. 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. 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.
Housing and relationship breakdown | Tendring District Council
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 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.Relationships Are Hard, But Why? - Stan Tatkin - TEDxKC
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. 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.
This document is intended to act as a general guide to rights when a relationship breaks down. If you are in this situation then we recommend that you consult a solicitor on this matter. What this document covers This document covers what happens to the home on a long-term basis when a relationship has broken down. It includes information on owner-occupied property and rented accommodation.
Relationship breakdown and housing
It does not cover short-term housing options for clients who need advice on immediate action in a relationship breakdown situation. This document does not cover how a couple can set up a home and share rented accommodation or owner-occupied property.
Who this document covers This document covers married couples, civil partners and cohabitants.