Who stays in the family home will depend on whether it’s affordable. It also depends on rights and personal circumstances, for example, if you are married or in a civil partnership, whether you have children, and what other housing options might be available.
If it’s possible, discussing these issues with your partner and coming to a mutual agreement can avoid a long and costly legal process. If you need help to discuss your options, mediation and/or counselling can provide a neutral third party to help you see each other’s point of view.
There are advantages and disadvantages to staying on in the home if your partner moves out. On the plus side, you and your children, if you have any, maintain stability and continuity, for example of school, friends and family. A disadvantage might be that the home becomes unaffordable for you to run on your own.
Through discussion and negotiation with your partner, or by going to court, it may be possible for you to share the home, either on a short- or long-term basis. This could mean that one person stays in the home and the other has access to it, or that you both live in different parts of the home.
Even though you may need to make a decision quickly, it’s important to check your legal position carefully. If you want to keep on living in your home, either now or later, you will need to protect any rights you may have to it. The person whose name is on the tenancy agreement, or who owns the home, doesn’t necessarily have to be the person who stays there. In the longer-term, you may be able to get ownership of the home or the tenancy transferred into your name, depending on your circumstances.