My relationship has broken down. What are my rights?

Sole ownership (you alone own the property)

• Sole owners have an absolute right to live in the property and to exclude others
• If you're married and your spouse is the sole owner, you still have the right to live in the matrimonial home
• If you're married and your spouse is the sole owner and wants to sell the property, you can request Land Registry to put a note on the land register which can deter potential buyers to make a purchase. You can do this by completing a HR1 form.
• If you're not married and your partner is the sole owner, your rights may be limited. However if your relationship has been long term, you may have some financial interest, if so consult your solicitor
• You may be entitled to obtain an Occupation order which can temporarily grant you some time to stay in the property whilst you pursue a longer term housing solution. However courts generally grant them if there is current domestic abuse or a need to protect children; seek legal advice.

Joint ownership (two or more people own a property together)

• Joint owners have the absolute right to live in the property and to return if they move out
• Joint owners cannot change the locks or make another joint owner leave
• Joint owners cannot raise a mortgage or a loan against the property without the signature or consent of other owner/s
• If you want to transfer ownership, you need to consult your solicitor
• Joint owners have the right to sell the property but the other joint owners must agree to the sale
• Court orders can be obtained if faced with difficult circumstances and you cannot reach an agreement to either remove one of the joint owners from the property or specify who can remain in the property.