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 2/2)
Securing your rights in Court
- There will be situations where you or your ex-husband or partner will not agree on who should be living in the accommodation when the tenancy is in one or the other’s name. In those circumstances you may go to court to decide who will remain in the rental accommodation.
- The court gives you the right to remain in the property for a period of time or the court can enforce the rights that you already have to remain in the property.
- In Scotland and Northern Ireland, you may qualify for legal aid if one or the other can demonstrate that they may be subject to domestic violence or abuse.
- Taking over the tenancy of your rental accommodation
- You may have the right to take over the tenancy from your ex-partner or husband.
- It is strongly advised that you talk to the landlord first. As long as the rent is paid, and the tenancy agreement is in force, he may cooperate and agree to the take-over in one name only.
- In England or Wales, taking over the tenancy agreement depends on the type of tenancy agreement you have.
- In Northern Ireland, you have more rights to do this if you rent from the Housing Executive or a housing association than if you rent privately.
- In Scotland, if the landlord refuses to transfer the tenancy from your ex, you can ask the court to look into the case or apply to the court for a ‘tenancy transfer order’.
You are better off to talk to your ex
- Your reasons to carry on staying in the property for you and your partner maybe important to both of you. It may be convenient for work, your children’s school, or near friends and family. Talking to your ex and agreeing the way forward is beneficial and may save you money and stress.
- You can ask the landlord if you want the terms of agreement modified to accommodate the new changes before the tenancy agreement ends. Do not wait for the tenancy to end. It will be difficult to resolve any issue with the landlord at this point.
- It is advisable to check all your options on your rights to remain in your rental accommodation during the separation or divorce procedure. It will give you a better picture on how to go about resolving any issues you may encounter.
Getting expert advice
- You are better off if you can agree with your ex-partner (husband, wife or civil partner) what you will do about your rented home. But be very careful because in the long run there may be consequences that arise which you were not aware off. As you may not have knowledge of the law regarding your situation, you may seek advice from a family lawyer or other legal body which deals with these matters.
What the courts can decide
- Most divorces or dissolutions don’t end up with a full court hearing to settle financial disputes, but it’s a good idea to have an understanding of what the Courts could decide about your rented home.
- The Courts might decide that a tenancy is transferred from the tenant to their ex-partner.
- If children are involved in the separation, especially if they are young, where they live will be an important consideration in reaching an overall financial settlement which will also include the rental accommodation you are living in.
