Staying in your partner's property during a divorce or separation
You can register your ‘home rights’ with Land Registry - this can help stop your partner from selling your home.
There are different rules if you own the property jointly with your spouse or civil partner, or if you’re not married or in a civil partnership.
You can’t 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’).
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, eg 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, eg if you moved out temporarily
A solicitor can advise you about this.