If your relationship has ended and you have left a home that you own or part-own with your former partner, please contact us as early as possible if you are worried about where you will live.
We understand that separating from a partner can be a difficult and uncertain time. We will talk to you about your circumstances, the home you have left and the options available to you.
If you own or part-own your former home
Owning a share of a property does not necessarily mean that you can live there, or that you have money immediately available to find somewhere else to live.
However, the value of your share in the property is important when we consider your longer-term housing options and whether you qualify to join the housing register.
If you have a financial interest in a property which could reasonably be used to help you secure suitable housing, you may not qualify to join the housing register under our housing allocations scheme.
It is therefore important that you take reasonable steps to resolve what will happen to the family home and your financial interest in it. This could include selling the property, agreeing that your former partner buys your share, or resolving ownership and financial matters through solicitors or the courts.
We understand that this can take time, particularly where there is a dispute. We will consider your individual circumstances and any evidence you can provide about the steps you are taking to resolve your interest in the property.
What if I cannot return to the home?
Owning or part-owning a property does not automatically prevent you from receiving homelessness assistance.
If it is not reasonable or safe for you to continue living in or return to the property, you may be considered homeless even though you still own all or part of it.
We will need to understand why you cannot return and will consider your individual circumstances. We may ask for information or evidence to help us make this assessment.
This could include information about domestic abuse, violence, threats, harassment or other risks, legal proceedings or court orders, information from the police or another professional supporting you, or other circumstances which mean that returning to the property would not be reasonable.
If you are experiencing domestic abuse, you should not delay asking us for help because you are worried that you do not have enough evidence. We will listen to what you tell us and consider the circumstances and risks to you and your household.
Make a homelessness application.
Will I be provided with temporary accommodation?
This will depend on your circumstances.
If we have reason to believe that you may be homeless, eligible for assistance and have a priority need, we may have a duty to provide you with temporary accommodation while we make further enquiries.
If you are owed a longer-term homelessness duty and need temporary accommodation, you could remain in temporary accommodation while the ownership, sale or financial settlement relating to your former home is being resolved. This can sometimes take a considerable amount of time.
Being placed in temporary accommodation does not mean that you will automatically qualify for the housing register or be offered a council or housing association home. Your financial interest in your former home will still need to be resolved and may affect your eligibility for the housing register and your longer-term housing options.
If we do not have a duty to provide you with temporary accommodation, you may need to arrange and pay for somewhere temporary to stay yourself while your housing and financial situation is resolved.
Whether the council has a duty to provide temporary accommodation will depend on your individual circumstances, including whether you have a priority need and the outcome of our homelessness enquiries. We will also talk to you about your financial circumstances and what other housing options may be available and affordable to you.
Find out more about emergency accommodation and priority need.
Resolving your interest in your home is important
Temporary accommodation, whether we provide it or you arrange it yourself, is not a permanent solution and does not remove the need to resolve your interest in the property you own or part-own.
You should take appropriate steps to deal with your property interst as soon as reasonably possible. If your share of the property is eventually released through a sale, transfer or financial settlement, we will consider the money available to you when looking at your housing options and your eligibility for the housing register.
The Family Law Act 1996 provides legal options for married couples and civil partners where there is a dispute about who should remain in the family home. A person can apply to the court for an occupation order, which can decide who is entitled to live in the home and can, in some circumstances, require the other person to leave.
The court can also make orders dealing with certain responsibilities connected with the home, such as mortgage or other housing-related payments. Separately, as part of divorce, dissolution or other financial proceedings, the court can make orders about the ownership of the property, including transferring the home from one person to the other or requiring it to be sold.
If you jointly own a home but cannot return to it following a relationship breakdown, you should consider getting independent family law advice as soon as possible about your rights to occupy the property and the options available to resolve what happens to your share in it.
Talk to us as early as possible
Please do not wait until you have nowhere to stay.
Make a homelessness application or contact our Housing Options team if you need help and support.
We can discuss your circumstances, explain what information we may need and help you understand both your immediate and longer-term housing options.
Find out more
Find out more and watch useful information about home ownership and homelessness on the Shelter website. Also view further information on relationship breakdowns on the Shelter website.
