Family Break-up

What happens if we are joint tenants?
What happens if you are not joint tenants?
Can I pass my tenancy on?
What happens it we were married? Can my partner make me leave the home?
What happens if we are not married?
What happens if we have children?
What can I do if I am the victim of domestic violence?

What happens if we are joint tenants?

If you are joint tenants then you both have the right to stay in the property. If you cannot decide who will stay in the house you may have to go to court to get them to make the decision.

The remaining person will normally be offered a new tenancy but it may not be in the same property

What happens if we are not joint tenants?

If you are not joint tenants then only the person who signed the agreement has the right to stay in the property. If you are not named on the agreement you can go to court to get an Occupation Order so you can stay in the house.

If named tenant leaves the house the remaining person does not have the automatic right to stay in the house.

Can I pass my tenancy on?

If you are the named tenant and no longer wish to stay in the property you may be able to pass the tenancy on to a family member who has been living with you. We will make a decision on a case by case basis so contact us to discuss your options further.

What happens it we were married? Can my partner make me leave the home?

If you are married you both have the right to stay in the home. If one person leaves then we may transfer the tenancy to the one remaining person. If you cannot agree who will leave then you may have to go to court so they can make the decision.

Do not leave the property without getting legal advise.

What happens if we are not married?

If you are not married and are not named on the Tenancy Agreement then you can go to court and apply for an Occupation Order to stay in the property.

What happens if we have children?

If you have children living in the property the court will normally give the tenancy to the parent who provides the main care giver.

What can I do if I am the victim of domestic violence?

If you suffer from domestic violence and need help our Domestic Violence page has advice.

If you leave your home we may be able to help you move back, and make the perpetrator leave. Or we can help you find a new home.

Page last reviewed 18 Feb 2009