Housing and relationship breakdown | Tendring District Council
If you both want to leave, you need to end your tenancy - also called 'giving If you're both named as tenants, you'll be 'joint tenants' and have the same rights. This guide looks at the rights of couples whose relationship has broken down. where they are the sole tenant then this will end the tenancy for you too, even. At the end of your relationship, a court can give have a safe place to stay and the housing rights of.
You may find it helpful to use a mediation service or collaborative practice to help you reach an agreement without having to go to court. Financial arrangements at the end of a relationship At the end of a relationship, both parents are responsible for supporting their children financially regardless of where the children will live. The responsibility can also extend to children accepted into the family.
You may find it helpful to get more details about this from a Citizens Advice Bureau. The father is equally responsible even if he stops living with the mother and even if he is not named on the child's birth certificate but only if he is the natural father.
It doesn't matter whether he has got parental responsibilities and rights or not. He can be contacted by the Child Maintenance Service for financial support. For more information about parental responsibility, see heading Arrangements for children.
Joint tenancy and relationship breakdown
Neither you or your partner has a duty to maintain the other at the end of a relationship if you were not married or in a civil partnership. Financial arrangements can be arranged: Agreeing on financial support If you both agree to financial support, this is called a voluntary agreement or family-based agreement. It can be written down or it could be a verbal agreement.
You can agree, for example, that one of you will make weekly payments to the other for the support of children, or will meet rent or mortgage payments, household bills, or pay for the children's clothing and holidays. If you need advice on the options available for arranging child maintenance and for advice on how to set up a family-based child maintenance agreement, you can contact the Child Maintenance Options Service. Before you agree on a package of financial support, it may be useful to get legal advice about whether it is an appropriate arrangement.
It may also be useful to have an agreement drawn up by a solicitor in case of future dispute. However, you don't have to use the CMS if you don't want to. The CMS is the government child maintenance service that arranges maintenance for children under the Scheme. Court orders In some circumstances, the court can make an order for financial support for the children. It can make an order for financial provision for you or your partner.
A court can make an order for regular payments for specific circumstances, for example, expenses to help with a child's disability. It can also make an order for one partner with parental responsibilities to give money to the person caring for the children. If you want to ask the court to make such an order you have to do so within one year of the date you stopped living together. The court can also make a number of orders about property you have shared. As this can be complicated you should get more details from a Citizens Advice Bureau.
Find out more about the advice options we offer.
A Relationship Ends, But the Lease Does Not
If you apply to court for financial support for the children, you might be able to get help with legal costs. However you may have to pay towards these costs from money or property you get as a result of the court action.
Make sure your solicitor explains the charges properly to you before you start court action. Housing rights at the end of a relationship At the end of your relationship, a court can give you or your partner rights to the home, for example: For more information about help you can get if your partner has been violent to you, see Domestic abuse. If you are thinking of going to court about your housing rights after the breakdown of your relationship, you should consult an experienced adviser, for example, a family law solicitor or at a Citizens Advice Bureau.
Rights to the home for owner-occupiers If you and your partner live in owner occupied property and only one of you is the owner of the property only the owner has the right to stay in your home. If the owner wants you to leave, you have to go unless a court has given you rights to stay.
If you have children a court might give you rights for 6 months to stay in the home even when you don't own it. You will need more advice about this.
If you don't have children, you may be able to claim a financial interest in your home if you can show you contributed financially by, for example, paying for improvements or towards mortgage repayments. If you have a financial interest in your home you might be able to make a claim to recover money paid towards the home.
You'll need to get legal advice about this. You could get help with legal costs. If you do own your home jointly with your partner and you decide to leave, you should take steps to protect your right to go back there if you want to.
You should try and agree about whether the home should be sold. One joint owner can go to court to try and force the sale of the property. You will need to get legal advice about this.
Housing and relationship breakdown
Rights to the home in rented property What rights you have to stay in the home will depend on whether only one of you is the tenant or you share the tenancy. As a sole tenant you can ask the other partner to leave unless a court grants rights for your partner to stay.
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If you have children a court can grant rights for a parent who is not the tenant to stay, initially for 6 months. You can apply to the court to have the interest in the property transferred to you so that you become the sole owner or tenant of the property.
Housing rights when a relationship breaks down
You will need to see a solicitor about this matter. Sometimes, a tenancy agreement will contain a clause stating that a tenancy cannot be transferred to another party without the consent of the landlord. Furthermore, one joint tenant can give notice to end the tenancy without the consent of the other. If this happens, the remaining tenant may find that they become homeless. If you jointly own or rent a property and you are at risk of violence, we may accept that you are homeless.
We will have to assess if we owe you a duty with accommodation and our page on Homelessness advice and support can give you more information about the criteria that need to be met for us to owe you a duty with accommodation.
Married couples and civil partners If you and your spouse are married or in a civil partnership, it does not matter who actually owns or rents the property. If your partner is the sole owner or tenant of the property, the law recognises that you have an equal right to live there as you are married or in a civil partnership.
Again, it is unlikely we will accept you as homeless unless you are at risk of violence. You can seek an order from the court to have the ownership or tenancy of the property transferred to you. If your partner leaves and you remain in the property, you have the right to pay the mortgage or rent on their behalf.