Breaking up with your partner is a tough and stressful experience, but it can be made all the more complicated if you live with them.

If you're sharing a home, it's important to understand your housing rights during a relationship breakdown. In this article, we cover everything you need to know about your rights in the UK.

Your housing rights in a breakup

The housing rights you have during a breakup depend on your interest in the property and the nature of your relationship with your partner.

‘Interest’ refers to the right to possess and use the property. If you're the owner of the property, your name is registered on the title deeds. As such, you have a legal interest in the property - meaning you have control over it.

However, if you're a tenant or renter, you don't have a legal interest in the property, but have the right to occupy it for the duration specified in your rental agreement.

Joint owners and tenants

If you and your ex-partner are joint owners of the property, both of you have the right to continue living there. The same applies if you're joint tenants in a rental property.

If your partner is the sole owner or tenant of the property, you don't have the right to continue living there - unless you're married or in a civil partnership.

Tenants in common

If you and your ex hold shares in the property as tenants in common, you both have the right to continue living there, regardless of the breakup.

Relationships and housing rights

Your relationship status (married or in a civil partnership) affects your right to continue living in the property. If you're married or civil partners, you have the right to continue living in the house, even if you're not recorded as a joint owner on the title deeds.

However, if you're not married or in a civil partnership - and you aren't recorded as a joint owner - you don't have the right to continue living in the house, but the sole tenant or owner does.

Victims of domestic abuse can receive further advice from their local council or homeless charity, who can provide urgent rehousing during the interim period.

What are your options in a relationship breakdown?

When it comes to property and assets during a relationship breakdown, it's important to understand your rights and options.

In this section, we'll take a look at the various choices available to you in such a situation. But before we dive in, it's crucial to note that you should always seek legal advice in these matters. Our advice is not a substitute for legal counsel!

Q: I rent a property with my ex. We both pay rent and bills.

A: You're in a joint tenancy which means you have several options. Keep in mind, however, that resolving your living situation requires a degree of mutual agreement, as you both have equal rights to continue residing in the property.

Here are a few options to consider:

Option 1: You can both continue living in the property until the end of your tenancy agreement and continue to cover housing costs. Thereafter, you can give notice and leave the property, or the remaining tenant can stay on.

Option 2: Decide together who will leave the property and notify your landlord of the change. You can also ask if you can sublet the empty room.

If your landlord or partner declines or if your tenancy doesn't allow subletting, you can apply to the court for a transfer of tenancy. One joint tenant could become the sole tenant, or someone else could fill the empty space.

Option 3: If you both want to leave the property, you can try to terminate the tenancy. However, your landlord may decline, depending on how far along your tenancy is. Regardless, you're still obligated to pay rent until the end of the tenancy.

If your tenancy is almost up, you can give notice to your landlord. If it's not, you can request that your landlord end it early. This is known as "surrendering your tenancy."

Remember: If either of you leaves the property, be sure to update your tenancy agreement. The process of updating it depends on your landlord, your tenancy type, and anyone else named in the agreement. If your ex-partner moves out, they can move back in if they're still named as a tenant in the contract.

Q: I own a property with my ex. We took out a mortgage together.

A: If you and your ex-partner own a property together and have taken out a mortgage, you're both equally responsible for repaying the loan until it is paid in full. As joint owners, you both have the right to live in the property - but living together may not be practical or sustainable.

If you are not married to your ex-partner, you have three options:

Option 1: Remortgage the property either in your name or your ex's name. This will remove the obligation for mortgage repayments from the other person, but it won't automatically remove their interest in the property. To do so, you'll need to transfer the property into one person's name through a legal process such as a transfer of equity or sale.

Keep in mind that remortgaging before the end of your fixed period could result in early repayment charges.

Option 2: Sell the property and split the proceeds. This might be a practical solution, but if you've recently purchased the property, the proceeds might not be enough to repay the mortgage and interest, leaving you with debt.

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Option 3: Transfer the ownership of the property through a legal agreement such as a Deed of Trust or a Transfer of Equity. You'll need to seek the help of a solicitor to draft the agreement and submit it to the Land Registry for registration. There will be fees involved, such as solicitor's fees and Land Registry fees.

Note: Stamp Duty Land Tax may also be payable when transferring ownership of a property to a joint owner.

If you ARE married to your ex partner, please read the following:

If you're still married to your ex, there are some important things you should consider before deciding your next steps. Here are a few tips for handling your shared property and protecting yourself from domestic abuse.

A: If you're not suffering from domestic abuse:

1. Try mediation first: Going to court can be a stressful experience, so it's always worth trying to reach a mutual agreement first. Seek help from a specialist advisor or mediator who can assist you and your ex-partner in finding a solution that works for both of you.
2. Consult a solicitor: They can provide the best legal advice on your situation.
3. Commence divorce proceedings: This is typically your best option if you don't have a history of domestic abuse. The court will consider the property as a matrimonial asset and may order its sale if you and your ex-partner can't reach a settlement on dividing your assets.

If you're the sole owner of the property:

A: As the sole owner of the property, you generally have the right to ask your spouse to leave. However, as a married spouse, they have the right to live in the shared home, regardless of ownership status.

It's still recommended to commence divorce proceedings and seek help from a specialist advisor or mediator to reach a settlement that's in your best interests. Keep in mind that going to court can be a stressful process, so it's always worth trying to find an amicable solution first.

Keep in mind that there are liely family law firms in your area that specialise in these types of cases, and they can provide additional support and guidance.

Housing advice for domestic abuse victims

If you're currently experiencing, or are a victim of domestic abuse, there is help available. Some charities and councils offer alternative accommodation or social housing, and they may be able to help you find long-term housing or emergency accommodation if you're eligible.

To receive priority assistance, inform your council or charity that you're in priority need due to your experience with domestic abuse.

Refuge is a freephone 24-hour national domestic abuse helpline service. You can contact them online over on their website.

Note: If you end your tenancy or move out and then apply for help with the council, they may consider you "intentionally homeless," which could affect the urgency of your case.

Summary: You can do it

Breakups can be tough, and living together can only add to the pain. However, the frequency of these situations should offer some solace, as there’s a well-established path to follow.

Always confide in your friends and loved ones - they’ll be there for you even when your partner isn’t! And most importantly, try to seek help if you’re experiencing any form of abuse.