Relationship breakdown

When a relationship ends, deciding who leaves the home can be very hard. It's important to know your rights and options during this tough time.

Joint tenants and joint homeowners

If you have a joint tenancy or joint ownership of your home, both of you have a legal right to live there.

Sole tenants and sole homeowners - married or civil partners

If you are married or a civil partner, you may have a legal right to live at the property, even if only your partner is named on the tenancy or property deeds.

If you are in either situation above:

• Do not leave unless you have found somewhere else to live that meets your needs.
• Neither partner can change the locks or stop the other from being in the property.
• If you can't decide who should leave, you may need to apply to the court for an Occupation Order. It's advisable to seek advice from a solicitor if you want to do this.

If you are not married or in a civil partnership, and your name is not on the rental agreement or property papers, you do not have the right to stay in the home. Your partner can ask you to leave, but they should give you some time to find a new place.

There are some exceptions:

• If you have a child or children with your partner, you can ask the Court for an Occupation Order to stay in the home for the children's sake.
• If you have paid money for the home, you can tell the Court that you have a right to stay because of that.

What is an “Occupation Order”

An Occupation Order is a rule from the court that says who can live in the family home and who cannot. This order is often used when there is domestic abuse or when people argue about who should stay in the home after they break up.

Key points about occupation orders

• It says who can live in the home, who must leave, and who can come in.
• It can keep you safe by making an abusive partner leave.
• These orders last for a certain time but can be made longer if needed.
• To get one, you usually need to have a legal right to live in the home, like being an owner or tenant.

Applying for an Occupation Order

If you think you might need an Occupation Order, talk to a solicitor to understand what you can do and what is best for you.

At risk of domestic abuse or violence

You can get help if you are at risk of domestic abuse or violence.

At risk of becoming homeless

If you think you might become homeless in the next 8 weeks, help is available. Your needs will be checked, and a plan will be made to help you. You might get temporary housing while your application is looked at. Find out more about emergency and temporary housing.  

Remember, talking to a solicitor can help you find the best solution for your situation. You're not alone, and there are resources to support you.

If you're in Torbay and your relationship has ended, you can get help from us and other services,