Experiencing a relationship breakdown

A breakdown of your relationship may affect whether you are able to continue to live at your current home. You, or your ex-partner, may need to find alternative accommodation.

If your relationship has broken down, it will probably mean that someone moves out of your home. If you stay and your ex-partner leaves, this could affect: 

• whether you can afford to stay because you no longer have someone to share the bills with. We may be able to help you with financial advice; and
• your support needs, for example your childcare arrangements if you are now a single parent. 

No matter what type of property you live in, you should start by discussing with your ex-partner what you both want to happen and try to come to an agreement. For help with negotiation and mediation, see advice on what is mediation. You may wish to ask a professional for help and you should do this if you cannot agree a plan. A professional may be: 

• a mediator. You can find out more on the Citizens Advice website or  GOV.UK website
• a member of our team by contacting us; or
• a solicitor. 

Your rights to remain in your home may depend on who legally owns your home. It could be both of you or only one of you who owns it. You can check who owns your home by using the Find A Property service on the GOV.UK website for a small fee. 

If you are married or in a civil partnership it doesn’t matter who legally owns it, you will both have the right to live in the home. 

If you are not the registered owner of the property, you may be able to ask the Land Registry to record your interest in the property. A solicitor could help you with this or you could contact the Land Registry for advice. 

If you are divorcing or dissolving a civil partnership, you may be able to ask the court to grant an injunction which will stop the sale of the property. A solicitor could help you with this. 

Whoever is named on the mortgage will be responsible for making the repayments, even if one of you has moved out. If you are not named on the mortgage, you can still contribute to paying it. 

If you decide to sell the home, both you and your ex-partner may be entitled to a share of the sale price. The amount each of you receives will depend upon your legal rights and what you’ve agreed. One person may want to buy the other’s share of the property. 

You may want to apply to the court for an occupation order which will say who can live at the home and who should leave. It may also say who should pay for and maintain the home and whether the person who no longer lives there must continue to contribute. If you have children, their needs will be prioritised. 

It may be necessary to ask a solicitor to advise you and represent you when discussing who should stay in the home and how the value of the property should be split if the home is to be sold, especially if you are involved in a divorce or you have children. 

What to do next if you or your ex-partner owns the home

You could speak to your landlord to ask whether you can both leave the home before the end of your tenancy. See advice on landlord negotiation or mediation for more information. 

Your right to remain in the property will depend upon who is named as the tenant in the tenancy agreement. You can check this by looking at a copy of your tenancy agreement. Whoever is named has the right to stay, which may be one or both of you. 

If you are married or in a civil partnership it doesn’t matter who is named as the tenant in the tenancy agreement, you will both have the right to live in the home. 

If you are both named on the tenancy agreement, you are both responsible for paying the rent regardless of who stays in the home. However, you can agree to change this with your landlord or with a court order if necessary. 

If you cannot agree on who should leave the property, you could ask the court for an occupation order which will say who can live at the home and who should leave. It may also say who should pay for and maintain the home, and whether the person who no longer lives there must continue to contribute. If you have children, their needs will be prioritised. 

Throughout the processes detailed above, we may be able to help you in a number of ways, including: 

• helping you with financial advice so that you can understand the impact of each decision;
• helping with your support needs, especially if they change as a result of the relationship ending;
• helping you find a new home; and
• helping you notify any relevant people of your change in circumstances, for example your landlord, bank or benefits team.