Leaving the family home
A civil partner intending to leave the family home following the breakdown of the relationship may be entitled to housing from a local authority or registered social landlord.
Finding alternative housing
If one of the civil partners is looking for alternative housing, s/he could make a homeless application on the grounds of fleeing violence or threats of violence, [1] or because it is no longer reasonable to occupy the family home. [2]
S/he could also apply for housing with the local authority or a registered social landlord directly. In the case of entry to the waiting list or in the allocation of housing, the local authority or registered social landlord cannot take into account the fact the applicant is still living in the family home. [3]
Where there is a sole tenant, the local authority cannot take into account any outstanding liability for which the non-entitled partner was not responsible, eg if the tenant had rent arrears in the family home this should not affect the non-entitled partner's application for housing. [4]
Renouncing occupancy rights
A joint tenant or non-entitled partner may renounce her/his occupancy rights to a particular family home or a particular property that is intended to become the family home. [5] The renunciation must be made in writing in front of a notary public (a solicitor who has the authority to have affidavits and other documents sworn in front of her/him). At the time of the renunciation, the joint tenant, or non-entitled partner, must clearly state that s/he is acting freely and without coercion of any kind. [6]
Expiration of occupancy rights
A non-entitled partner will cease to have occupancy rights if s/he:
has not cohabited with the entitled partner for a continuous period of two years beginning on or after 4 May 2006, [7]
has not occupied the family home during that time. [8]
A non-entitled partner who loses her/his occupancy rights in this way will not be able to apply to the court for an order regulating her/his occupancy rights. [9]
When calculating the continuous period of two years, no account can be taken of any period from the date an application is made to the court for an order regulating occupancy rights or an exclusion order, until that application is determined. [10]
Occupancy rights after a transfer of tenancy
Occupancy rights over the family home will be affected if the partners are sole or joint tenants and the tenancy is transferred or assigned from one to the other. If, after the transfer of the tenancy the new tenant partner occupies the property while the ex-tenant partner does not, the property will cease to be a family home. This means that the ex-tenant will lose all occupancy rights and will not be able to apply to the court for any order regulating those rights. [11]
This will only be the case where the transfer or assignation took place on or after 4 May 2006. [12]
Last updated: 29 December 2014