You and your partner can agree where you will both live now that your relationship has come to an end. There is no need to involve the courts, although you may find it helpful to base your discussions on what a court might decide.
The courts have limited powers to make orders in relation to your home if it is owned by one or both of you and even less powers to make orders if your home is rented. This section explains what those powers are, the legal rights and responsibilities that you have and how to protect these now that your relationship has come to an end.
Whilst your rights against your partner are limited, it is possible to make an application to court for financial provision for any children you have together, which can include giving the parent with main day to day care and the children the right to occupy a property, even if they do not own it. See If You Have Children – When to Use a Court.
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