If one parent owns the home

If you are married (or civil partners) In England or Wales

If you are married (or civil partners), and only one parent's name is on the title deeds, you both usually have the right to live there until divorce, judicial separation or the civil partnership is dissolved.

These rights can be changed by court order, so don't rely on this in all circumstances. Speak to a solicitor or housing specialist if you are unclear about your rights.

If you are married (or civil partners) In Scotland

Scotland has 'occupancy rights'. This means if you don’t own the home, you can still stay there or return to it. You can also live there for up to two years after you stop living together as a couple, unless a court order prevents this.

The house can't be sold while both parents are living there, unless both agree to the sale or one parent gets a court order.

If you are not married to each other or not in a civil partnership together

If you have paid towards the home, the other parent may not be able to sell it or prevent you living in it without a court order. Get legal advice and give as much evidence as possible to support your case.

If you have not paid towards the home you may not be able to stay, even if you are the parent with the main day-to-day care of the child. Contact a housing adviser to find out your rights and discuss your options.