Splitting up if you live in a mortgaged home
You have the right to live in your home after you split up if:
the mortgage is in your name only
you have a joint mortgage with your ex
you're married or in a civil partnership
It does not matter who pays the mortgage.
You cannot be made to leave unless:
there's a court order that says you have to
your home is sold or repossessed
your marriage or civil partnership ends
Selling and repossession take time. You should have time to talk to an adviser or get help.
If your name is not on the mortgage
You do not usually have the right to stay in the home, unless you're married or civil partners.
But your ex could agree to let you stay while you look for somewhere else.
Home rights for married or civil partners
You have home rights if you're married or in a civil partnership.
Home rights mean you can stay in the home, even if your name is not on the mortgage.
You do not have home rights just because you have lived together a long time.
You need a legal ceremony to be married or civil partners.
Find out more about home rights.
Find out how to make an abusive partner leave.
Paying the mortgage
You're responsible for mortgage payments if the mortgage is your name only.
You and your ex are both responsible if it's a joint mortgage, even if only one of you normally pays the mortgage.
Find out how to deal with missed mortgage payments.
If you have home rights but are not on the mortgage, you might need to pay the mortgage to avoid repossession. But the lender cannot make you pay.
Help to pay the mortgage
Use online benefit calculators to check what help you could get.
If you're on a low income, you could get:
universal credit or pension credit to help with other living costs
You could also get child maintenance payments if you have children and are their main carer.
Talk to a benefits adviser as soon as you can, especially if you rely on your ex for money.
A benefits adviser can help you work out what help you could get.
You could speak to:
Gingerbread, the single parents' charity
Family mediation
You could use family mediation to sort out money, childcare and where your children stay.
Family mediation is when someone helps you and your ex come to an agreement without going to court.
It is free if you have a low income and can get legal aid.
Citizens Advice has information on mediation and help to pay for it.
Legal advice to see if you can afford to stay
A solicitor or legal advice service may give you advice on:
options to stay in your home
dividing up money
Selling your home
Work out what you can afford in the long term if you are thinking of selling your home.
Think about:
how much your home is worth
if you'll get a share of any equity from a sale
if you could afford to buy another home in your area or a cheaper one
if your ex will agree to sell the home, because you will need a court order if not
if selling your home could make it hard to claim benefits
Get family law advice if you have children.
Homeless help from the council
You can ask your council for homeless help.
Not everyone gets housing. But you should get some advice and help.
Finding somewhere else to live
You might get help with rent if you move out.
Renting from a private landlord
This can be the quickest way to find somewhere. But it can be expensive.
You usually have to pay 1 month's rent as a deposit and at least 1 month's rent in advance.
You could get help with a deposit or rent in advance.
You may have to pass credit and reference checks to rent a property.
Some letting agents and landlords only accept tenants who earn more than a set amount.
It can be easier to rent direct from a private landlord if you have a low income or problems with your credit history.
Tenants who rent a home privately usually have an assured shorthold tenancy. Read about rights for assured shorthold tenants here.
Renting from a council or housing association
Contact councils or housing associations in your area.
Ask for their housing allocations policies to find out who gets priority on their waiting lists.
You might get extra priority if you've experienced domestic abuse.
Check for any rules about going on the waiting list when you own or have sold a home.
There can be very long waits for council or housing association homes. It's common to be on the waiting list for several months or years.
Find out more about how to apply for council housing.
If you have children
The size of the home you can apply for might depend on who your children normally live with.
Some social landlords look at who gets child benefit or custody arrangements if you've been to court.
Last updated: 27 November 2023
