ARE YOU CONTEMPLATING DIVORCING YOUR PARTNER OR ARE ALREADY IN THE PROCESS OF DIVORCING YOUR PARTNER? ARE YOU LIVING IN RENTAL ACCOMMODATION? IF YES, THESE STEPS APPLY TO YOU. (Part 1/2)
Your right to stay in your accommodation depends on who’s name is on the tenancy agreement and how long your partnership or marriage may last while living under the same roof.
We appreciate that divorcing can be the last resort when couples no longer wish to stay together. Arguments can get heated when there are no compromises. In a normal world, one can decide to move back with relatives. This move will help to ease the tension and also give the spouse loving surroundings and moral comfort.
But it is not always the case.
A couple renting accommodation can find it difficult to decide who will stay in the rental property with both or one name on the tenancy agreement.
The landlord and tenancy agreement can make it a little bit easier.
First decide who will carry on living in the property. This will depend on who has the legal right to stay in the property. The spouse whose name is on the tenancy agreement obviously has the right to stay and he or she should make sure all expenses including rent are their responsibility.
If the tenancy agreement is in both names, then you and your ex-spouse, both have the right to stay in the property. But one of you can decide to leave if the situation is untenable. Just approach your landlord and have an honest discussion and end the tenancy. If it is a fixed term tenancy, then you have to wait for this tenancy to expire. You could also negotiate to have one of you living in the property when the current tenancy expires, or the divorce is confirmed. You have to decide which one.
If the tenancy agreement is in the name of your spouse, he/she has the responsibility of paying the rent. Note that you still have the right to live in the property while you are still married or until the divorce is confirmed and while the tenancy is still in place. The law on this matter is different in England and Wales. You may also consult Scottish and Northern Ireland lawyers for more accurate advice on this matter if you live in these areas. In any case your spouse can decide to transfer the tenancy to you, if he/she wants to vacate the property.
Have you had, or are having problems as a tenant or landlord with rented accommodation?
Are you a tenant in dispute with your landlord or a landlord in dispute with your tenant?
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