Separation and divorce who leaves the house?

By November 3, 2015


Who should leave the family home?

A big question for all separating couples and families, is always going to be “Who leaves the house”?.
How do you work out which one of you should leave, or should you leave at all? There are a huge number of factors that need to be considered, even more so where children are involved.

Can you continue to live together while you wait for the house to be sold or transferred. What if you have a tenancy, who gets to stay as the tenant and will it be acceptable to the landlord. So many questions have to be asked and hopefully we can give you a few answers to help you reach a mature and reasoned decision.

Waiting until a property decision has been made

For many couples, this is the only option they have. With families spread far and wide and no or little support network to rely on, many couples will simply have to agree to live in the same house until the property has been dealt with. This can take months and arrangements will need to be made for estate agents viewings on the family home as well as on any separate new properties the couple will want to move into.

Separating where a tenancy is involved

If you are a joint tenant with your partner, you both have the right to carry on living in the property after separation. However, either of you can give notice to the landlord to end the tenancy (unless it’s a fixed-term tenancy). The exact rules depend on the type of joint-tenancy agreement you have. You may be able to negotiate with the landlord so that one of you can take out a new tenancy.

If you are the sole tenant, then you have the right to live in the property and can give notice to your spouse to leave. This means your spouse may not have much time to find alternative accommodation

There are still free advice sources that deal with housing issues. You can go and see advisers at your local Citizens Advice, The Council or get housing advice online

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