Relationship Breakdown with Partner/ Husband/ Wife
Usually for all types of accommodation where there are children involved, the parent who becomes the main carer for the children will remain in the family home and the other person will eventually be required to leave.
We advise that you seek legal advice. Most solicitors will offer a free ½ hour initial consultation.
For households who own their own home, or where one party owns the family home, the legal process can be long and arduous. Both parties can get a 'caution' on the property to stop it being sold whilst disputes are being resolved.
Ultimately it is for a County Court Judge to decide who should remain in the family home. The Judge will consider things like affordability and the needs of the family. It is reasonable to expect people to continue living together under the same roof while this advice is sought. Unless there are exceptional issues, such as domestic abuse, temporary accommodation will not be offered.
For households who rent their property, problems usually arise where one partner is likely to be main carer for the children but the other partner is the tenant. A Judge can make an order for the tenancy be transferred from one party to another.
It is also worth remembering that a person can receive Housing Benefit for a property even if they are not the tenant. This is called 'use and occupation'.
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