You and your spouse or civil partner can agree where you will both live while your divorce or dissolution is being sorted out and afterwards. There is no need to involve the courts, although you may find it helpful to base your discussions on what a court might decide is fair. If you do reach a private agreement, make sure you record all the terms in writing, each sign and date it and keep a copy in a safe place. Remember that these agreements could be challenged later in court.
Courts have a wide range of options in deciding how to deal with what was the family home. Decisions about the home will be made in the context of the whole financial settlement (see The steps involved and Splitting what you have).
There may be some legal formalities to be completed depending on whether the home was owned or rented. The next sections deal with what you will need to do if the home is owned and if it is rented.
Deciding how to deal with what was the family home can be
very difficult, both financially and emotionally.
If there is a mortgage on the home, you will need to take this into account when deciding what to do.
Find out more about How to deal with a mortgage
How easily you can give up a rented home depends on a
number of factors.
It may be possible that you are affected by Capital Gains Tax (CGT) when dealing with the home.
Find out more about Tax issues
Whatever your circumstances, deciding to move out is a big decision and should be given careful consideration.
Find out more about Moving out/Getting a new home
If you feel you have to move out because of violence in your relationship, you should speak to a solicitor about the legal protection available to you.
Find out more about Violence and domestic abuse
