If you own your home jointly with the other parent

If you own your home and you separate from the other parent, you will need to make arrangements about your property.

Both of you have the right to return to the property unless there is a court order against this, so you may need to agree on who stays there - a mediator can help if you can't agree. You should also get legal advice about your options and whether you can ask a court to decide.

If you're thinking of moving out, think about the following before you decide:

  • Do you have the right to stay but the other parent has changed the locks or won't let you in? You can apply to the court for an Occupation Order (in England and Wales) or Exclusion Order (in Scotland).
  • Do you rent somewhere or stay with family or friends? You will not be classed as homeless and you might not qualify for council accommodation.
  • If you are asked to leave your home, the local council has to consider whether it can help you.

Selling your home

If you want to sell your home and both your names are on the title deeds, the money will be split between you. You can ask the court to split it for you, but this is a complex area of the law. Get professional advice before choosing court as it can be expensive and take a long time.

Housing rights and options leaflet

Housing rights and options [PDF 537KB] PDF

Housing rights and options leaflet cover

Useful organisations

Shelterline

Provides free advice and information for anyone with a housing problem.

National Housing Federation