If you’re not planning to divorce or dissolve your civil partnership, you will have fewer legal remedies open to you. This is because the courts have more power under matrimonial and family law (eg if you’re divorcing or dissolving your partnership) than they do under housing law. If you can agree who stays in the property, it could be assigned , or transferred into the name of the person who is staying in the property. Most tenancies can only be assigned if it says so in your tenancy agreement – check this, or get advice.
Visit advice near you for your nearest advice surgery.
If you or your partner want to leave the property and bring to an end your obligations as a tenant, one of you can serve a valid Notice to Quit to the landlord. This will end the tenancy for both joint tenants. If no Notice to Quit is served and one partner leaves, then the tenancy will continue for both joint tenants. Both of you remain jointly liable for the rent, so, unless the partner who has left contributes, the remaining tenant will have to continue paying all the rent, otherwise they could risk being evicted.
If you want to stay in the home without your partner, there are few long-term options for excluding your partner if you don’t want to go through the courts. In the short-term, you can use an occupation order (although these still need to be obtained through a court), but if you and your partner cannot agree, and you want to stay in the home long term, seek advice from a family law solicitor, as you will probably have to go through the courts.