Relationship breakdown advice

This section offers advice and information to help you solve the housing issues which are likely to arise if  there is a breakdown of your relationship and you are separating from your husband, wife or partner. Who has a right to stay in the family home? What can you do if your partner moves out? Your rights will differ depending on the kind of relationship you are in, whether you rent or own your home and whose name is on the tenancy agreement or title deeds

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Things to think about when you split up from a partner

Separating from your partner is never going to be easy. You will find yourself faced with a lot of practical and potentially distressing decisions about your home, finances and your children.

What does a "family home" mean?

The family home means where you and your partner live together. It can be rented, or one or both of you may own it. You don't have to have children to have a family home.

Rights if you rent your home and are splitting up

What to do if you rent with your partner and your relationship ends. Who has what rights and what to do if your partner is trying to make you leave or moves out.

Rights if you or your partner own your home

What to do if you and/or your partner own your home and your relationship breaks down. Who has rights to stay in the home, selling the home and who is responsible for the mortgage.

Living as separate households

You may find you can't afford to move out of your shared home immediately. If your split has been amicable, you may be able to divide your home between you and live separately.

Taking legal action

There are different ways you can take legal action against your partner. Rather than leaving your home, you may choose to apply to keep your partner away from your home, or go to the police.

Using the court to resolve disputes

How the court can help resolve your housing issues. Court orders are not granted automatically, and the sheriff will need to look at both your situations before making a decision.

Financial issues if you break up with your partner

Financial issues to consider if you break up with your partner, including housing costs and what happens if either of you have any debts, also known as "financial association"

Help with housing costs

If your partner moves out, you may need help to cope with paying the bills, household expenses and rent or mortgage on your own.

Moving on from relationship breakdown

This page looks at your options if you want or need to leave the family home and move to a new home. It also explains your rights if you find yourself with nowhere to stay.

Last updated: 21 June 2017

Housing laws differ between Scotland and England.

This content applies to Scotland only.

Get advice if you're in England