Hartnell Chanot: Divorce/Family Law Solicitors Exeter, Devon

Do you rent your home?

If your partner is the named tenant they have the right to ask you to leave unless you have children

If you and your partner rent a home together and your name is not on the tenancy agreement, you are in a vulnerable position should you split up.

Your partner as the named tenant has the right to ask you to leave (with reasonable notice) unless you have children, in which case the court has the power to order a transfer of the tenancy to a parent to keep the children housed.

If you have a joint tenancy agreement and you split up, the other tenant remains entitled to occupy the home, though if one of the tenants moves out, you are both jointly liable for the full amount until the balance is clear.

If you have children

If you have children, the court can make various orders under the Children’s Act 1989 to ensure the children are housed until they are 18 years of age. In the case of home owners this can mean a transfer of the tenancy to the care giving parent (the one who will remain living with the children). This does not mean you then own the property outright, but that you have the right to live there until the children are 18.

Similarly, in the case of rental properties, the court can order that the tenancy is transferred to the care giving parent in order to keep a roof over the children’s heads.