Whether you’re married, in a civil partnership, or cohabiting, the answer depends on your legal status, ownership, and most importantly what’s best for any children involved.
Ben Dale, Associate Solicitor in our Family Law team, explains what you need to know.
Do I lose my rights if I move out?
No. If you’re married or in a civil partnership, moving out does not mean giving up your share of the home.
Even if the property is in your partner’s name, you have Matrimonial Home Rights under the Family Law Act 1996.
These rights allow you to stay in the home or return to it until your divorce or dissolution is finalised. You can also register these rights with HM Land Registry to prevent the property being sold or remortgaged without your consent.
Can my ex sell the house without me?
If you’re a joint owner, your ex cannot sell without your agreement. If the home is in their sole name and you’re married, registering your home rights will protect you.
For unmarried couples, the situation is different: you have no automatic rights unless your name is on the title, or you can prove a financial interest under the Trusts of Land and Appointment of Trustees Act (TOLATA) 1996.
What if we’re not married?
Cohabiting couples do not have the same legal protections as married couples. If your name isn’t on the deeds, you’ll need to show evidence of contributions, such as paying towards the mortgage or renovations, to claim a share.
If children are involved, the court can delay a sale or allow one parent to stay in the home until the children reach a certain age.
Who decides who stays in the home?
If you can’t agree, the court can issue an Occupation Order to decide who lives in the property. The court will prioritise the welfare of any children and consider factors like safety and financial needs. In most cases, mediation is encouraged before going to court.
What happens to the home in a divorce settlement?
The family home is usually treated as a marital asset. Courts aim for fairness, considering income, housing needs, and the best interests of children.
Options include selling the property and splitting the proceeds, transferring ownership to one partner, or postponing a sale until children are older.
We’re here to help
Autumn often brings reflection and for some, the decision to separate. If you’re worried about what happens to your home, remember:
- Married couples have strong legal protections, even if only one name is on the title.
- Unmarried couples need to rely on ownership documents or financial evidence.
- Children’s welfare is always the court’s top priority.
Before making any decisions, get clear, practical advice. At Jackson Lees, we’ll listen, explain your options in plain English, and help you take the next step with confidence. Please give us a call, request a callback or make an enquiry to find out how we can help.