Occupation of the Family Home

As is widely reported, January is traditionally the month which sees the highest number of separations and people filing for divorce. 

When couples separate, one of the first decisions they face is who will live where; whether they will both remain living in the family home or whether one will move out into alternative accommodation.

A question we are often asked by clients is whether you can take matters into you own hands and change the locks, to stop the other person from coming back into the house.

If the property is jointly owned (i.e. registered to both parties), neither has the right to change the locks without the agreement of the other.  If the locks are changed, the ousted party is allowed to force access back into the property, but only as long as there is no-one in the house at the time, and any damage is repaired.

If the occupation of a property is in dispute, the court can intervene and regulate the terms of ownership under an Occupation Order, although such orders are only granted in certain circumstances.

Who gets to stay in the family house is always an issue which is important to both parties following the end of the relationship.  It can also have knock-on consequences for financial matters, such as who pays the mortgage, rent on another property and the various bills and other outgoings.  In family law, each case is considered on its own facts, and it is never possible to give a general answer to questions such as "who gets to stay in the house?" and "do I have to pay the bills if I move out?" It is therefore always advisable to seek legal advice tailored to your own circumstances before making any final decisions as to what to do in these circumstances.