This is a common question asked by clients who are unsure as to what their rights may be when it comes to the family home. It may be that the relationship has broken down and become volatile, so a client feels they need to protect themselves, or it could simply be a case of wanting to put new boundaries in place now the relationship has ended and create some privacy.

Married/ Civil Partners

If you jointly own or rent the family home, then you both have a right to occupation as joint owners or tenants of the property.  In these circumstances, the right to occupy a property will continue even if your spouse or civil partner has moved out and you should not change the locks without an order from the court or your spouse or civil partner’s consent.

This does not mean that you must lose your right to privacy of the home. You can reasonably ask your spouse or civil partner to contact you before attending the property. If this isn’t possible or where matters are particularly acrimonious you may need to consider making an urgent application to the court to restrict the other person’s right of occupation, particularly where there may be issues over your personal safety or that of any children and where there has been domestic abuse.

Cohabiting Couples

When two individuals live with each other, then it will need to be established who is the legal owner of the property.

If you own the property in your sole name, then you are entitled to change the locks to the property once your ex-partner has moved out. Should your ex-partner have an interest in the property then they may make an application to protect their interest. If this happens then it is important you seek independent legal advice.

If the property is owned in your joint names, then the position is the same as married couples, Therefore even if you were to change the locks, your ex-partner is still entitled to enter the property.

Situations where there has been harassment or domestic abuse

As briefly mentioned above, if your partner is harassing you or has been abusive towards you, then you may consider applying to the court to obtain an order preventing them from attending the property. The two types of orders that the family court can grant are:

1. Non-Molestation Order – this is order is designed to protect a person and/or their children from violence, threats, harassment, or other forms of abuse.  They can also prohibit an individual from attending or coming within a certain distance of a victim’s home, workplace.
2. Occupation Order – the Court can regulate who can live in a property. This order can exclude an individual from the home they are legally entitled to occupy. . These orders  are short-term solutions and will not affect what happens to property in the final settlement you may reach with your spouse or ex-partner.

There are certain criteria you must meet to be able to apply for a non-molestation and/or an occupation order and our family team can guide you through this process.

What can I do?

It is often best to see if you can reach an agreement with your spouse or partner regarding occupation of the family home and any potential access to the property. This could also include your ex-partner removing their belongings or items, so that they have less reason to return in the future.

If you are unable to reach an agreement or your partner is being difficult and obstructive, then our expert family lawyers can help. Please call or email us and speak to one of the team.