Staying in your partner's property during a divorce or separation

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Overview

You can register your ‘home rights’ with HM Land Registry - this can help stop your partner from selling your home.

Your rights are different if you own the property jointly with your spouse or civil partner.

You cannot apply for home rights if your spouse or civil partner owns the property with someone else - unless your spouse or civil partner would get all the money if the property was sold (also known as being the ‘sole beneficial owner’).

This guide is also available in Welsh (Cymraeg).

If you’re not married or in a civil partnership, Citizens Advice have guidance on what happens when you separate.

Before you apply for home rights

You’ll need to know if the property is registered in your partner’s name, and its title number if it is.

You can search the register to find this information.

How to apply

You must complete a different application process for home rights depending on whether:

How long you can stay in the property

You can usually only live in the property until the divorce, annulment or dissolution has been finalised and a court settlement agreed.

You may be able to continue living in the property for longer, for example during an ongoing dispute about who owns what, if a court has made a ‘continuation order’ allowing you to do this.

What else you can do

You may be able to take legal action against your partner if they try to:

  • make you move out
  • stop you moving back into a home you’re not currently living in, for example if you moved out temporarily

A solicitor can advise you about this.

View a printable version of the whole guide

Part of Get a divorce: step by step

  1. Step 1 Get support and advice

    You can get support or counselling to help you through the divorce process.

    1. Get support and advice from Relate
    2. Find a counsellor on Counselling Directory

  2. Step 2 Check if you can get divorced

    1. Check if you can get a divorce
    2. Get legal advice if you want help with the divorce process

  3. Step 3 Make arrangements for children, money and property

    1. Make arrangements for your children
    2. Divide your money and property
    3. You are currently viewing: Check if your divorce will affect whether you can live in your current home

  4. Step 4 Apply for a divorce

    1. Apply for a divorce online or by post £593
    2. Get help with court fees
    3. Get legal advice
    4. Get help if your husband or wife cannot make decisions for themselves

  5. Step 5 Apply for a ‘conditional order’ or ‘decree nisi’

    1. Apply for a ‘conditional order’ or 'decree nisi'

  6. Step 6 Finalise your divorce

    1. Apply for a ‘final order’ or 'decree absolute'

  7. Step 7 Report that your circumstances have changed

    You also have to tell other government organisations that you're getting divorced if: