Both civil partners have the right to live in the family home and neither of you can make the other one leave. This is case regardless of whether both of you, or only one of you, own or rent the home. This applies unless a court has ordered otherwise.
If your civil partnership breaks down, a court can help you or your partner to enforce short-term rights to the home. These are called home rights and can include:
- the right to stay in your home
- the right for move back in if you left
- in certain circumstances, the right to stop your partner from coming into the home.
A court can also make long-term arrangements about housing. If there’s a disagreement about housing, the court can deal with the disagreement alongside proceedings to dissolve a civil partnership. In most cases, the court will expect you to arrange a meeting with a family mediator first, before it will consider your application for a court order about housing.
If you are thinking of going to court about your housing rights after the breakdown of your civil partnership, you should consult an experienced adviser, for example, a family law solicitor or at a Citizens Advice Bureau. To search for details of your nearest Citizens Advice Bureau, including those that can give advice by e-mail, click on nearest CAB.
Applies to Civil Partnership Dissolution in England & Wales.