The short answer is that it depends on the status of your relationship.
It you are married to your spouse but you are not named on the Land Registry title register, it is possible to put a ‘home right’ on the title register. Not only will this enable you to remain living at the property, it will also prevent your partner from being able to sell or mortgage the property without your prior consent.
This can be very useful if there is a risk that the property will be sold or mortgaged, and that the proceeds or either of these could be dissipated by your spouse before a financial agreement has been reached.
The situation is much more difficult if you are not married.
If you have children, you may be able to make a claim on behalf of the children (but not yourself) for housing, which might include the right to stay in the family home or another property.
You may also be able to obtain a lump sum to be used to meet your housing needs and for other reasons such as the purchase of a car or school fees. In such circumstances, it is imperative that legal advice is taken early on.
Technically if you are unmarried and do not have children, then you do not have a right of occupation in your partner’s home but we may be able to help negotiate a position that could see you remain living in the home for at least a short period.
If there was an agreement between you and your ex-partner that you would have an interest in the property then it may be that you are entitled to a payment in respect of the equity.
In all instances, it is important that legal advice is taken early on.
For more information and to find out how we can help you, please contact our Family Team on 0345 646 0406 or fill in our online enquiry form and a member of our Team will be in touch.