If you’re not a legal owner of the property, staying in the family home after separation can be challenging, but it’s sometimes possible depending on your situation.
The answer depends on whether you are married, in a civil partnership, or unmarried but living together (cohabiting).
Understanding your legal position early is vital, allowing you to plan before separation happens.
Can I stay in the marital home after divorce or separation?
If you are married, you usually have stronger rights to stay in the home, even if your name is not on the title.
Under UK law, a married spouse has “home rights” under the Family Law Act 1996. This means that if the property was (or is) the family home, you generally have the legal right to live there, regardless of whose name is on the title or tenancy. You must register your ‘home rights’ with HM Land Registry – this can help stop your partner from selling your home.
Considerations will also be made if there are children, there were financial and/or beneficial interests, or if any written agreements were made during the marriage.
A family law solicitor can offer you advice tailored to your situation.
Learn more in What Happens to the Home After Separation? Property Rights for Married and Unmarried Couples in the UK
What rights do unmarried couples have to the home after separation UK?
Unmarried couples do not have the same automatic rights to the family home as married couples or civil partners. In fact, there is no such thing as a “common law marriage” in the UK — meaning that simply living together does not give you legal rights over your partner’s property.
Property rights depend on:
– Your legal ownership – Whether the property ownership is a sole ownership, joint tenants and tenants in common.
– Beneficial interests – Beneficial ownership is who is entitled to the equity and in what proportions. A beneficial interest may be established through evidencing financial contributions to the property, a constructive trust (where there was a shared intention to own the property together), or proprietary estoppel (where one partner relied on promises about sharing the property and acted to their detriment).
– A Declarations of Trust or a Cohabitation Agreements to define shares.
Without these, you may have no legal claim to the property, regardless of how long you’ve lived there.
Learn more in What Happens to the Home After Separation? Property Rights for Married and Unmarried Couples in the UK
Early family law advice can give you clarity, help you take the right steps to protect your rights, and ensure you’re not left vulnerable if your relationship breaks down.
You can access our wealth of helpful guides to support you with your family law queries.
We offer free 30-minute family law consultations for new clients, available by phone, video call, or in person at our Sheffield, Rotherham, or Barnsley offices.
Contact us below to book an appointment or call us on 0114 2235 807.
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