Cohabiting owner occupiers and staying in the home long term

The parties will usually want to resolve occupation of the home once it is clear that the relationship has definitely ended. The number of long-term solutions available to cohabitees is limited.

Where there are joint owners, it may be possible to come to an agreement about the future ownership or occupation of the home. Both owners could agree to sell the home on the open market and split the proceeds. The proceeds would be split equally unless there is a written agreement to the contrary or the title deeds disclose that ownership is not split 50/50. Joint owners may agree that one will buy the other's share in the property and be registered as the sole owner. Any joint mortgage would have to be transferred to the sole owner otherwise the other party would continue to be jointly and severally liable for all of the mortgage payments. The lender must consent to the transfer of the mortgage. To obtain sole ownership, one owner may have to pay the other for her/his share. It may be possible to obtain a further advance on the mortgage to do this but the lender would have to be satisfied that the additional expenditure could be met.

Where there is only one owner of the home, s/he has the right to sell the home at any time whether or not occupancy rights have been granted to the non-entitled partner. Therefore there is little likelihood of the non-entitled partner remaining in the home long term without the agreement of the owner.