Splitting up with a partner also involves splitting your possessions. This could include a home that you both owned or rented together. Unless you’re willing to still live together under the same roof, one of you will need to move out. But just who should keep the home? This post poses a few questions to help you make this decision fairly.
Whose name is on the contract/deed?
Having your name on the deed or rental agreement will give you a right to live in the home. If you moved into a property previously owned or rented by your ex, and your name was never put on the paperwork, you may have a harder time claiming that the property is yours. An exception may be if you’re married and can show you’ve contributed to the mortgage/rent/renovations.
If your names are both on the deed or rental agreement, then you are both entitled to the property, and will have to come to a mutual decision as to who stays in the property. You’ll likely need to consider some of the other factors below.
Who needs the space the most?
It’s important to consider who needs the property the most. If you have kids or pets together, you may want to keep them living in the same home to avoid extra disruption. In this case, whoever is likely to spend the most time with the kids and pets after the breakup will need to stay in the property.
There are all kinds of unique reasons why one partner may feel they need – or indeed deserve – the space the most. Using solicitors as found at https://rlksolicitors.com/ may be necessary to help you come to an agreement.
Who can afford to keep it?
There are cases where one partner may own the property, but may not be able to afford to keep living there. If the other partner has taken over paying the bills and is now the sole breadwinner, it may make more sense for them to stay in the home. This is something that requires consideration.
The partner that moves out may still be able to contribute some money such as child support. Of course, they also need to be able to afford somewhere new to live, and cannot be expected to pay too much extra for a property they are no longer living in.
It’s worth noting that in council rented properties, financial assistance may be available to help one person continue living there if a partner moves out. Contact a council representative to see what help is available.
Is it better if you both moved out?
A lot of couples find that it’s easier to both move out. If you both equally contributed to bills, it may be impossible for one of you to then take over sole responsibility for bills. By both moving out, you can each find cheaper properties to move into. It could also help you to make a fresh start.
If the property is owned, you can sell it and split the profits in order to buy new property. If you both rent the property together, it may be worth talking to your landlord about ending the tenancy early (some landlords may not agree to this, but most compassionate landlords will). This guide at https://www.citizensadvice.org.uk/ explains more about ending a private tenancy early.
