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Original poster

Do I have rights to stay in our home after separation?

9 replies

Vickie12 · 03/09/2026 22:49

I am currently separating from my partner who I have a 9 year old child with,he wants me to leave the home I have lived in for over 12 years as he is the sole owner,he has family and friends near by were as I don’t and the home is close to my daughters school and my work,do I have any rights?

OP posts:
Viviennemary · 03/09/2026 22:53

Best thing is to see a solicitor. Have you contributed to mortgage payments. Did he own the house before you moved in. You may have some claim but your claim is weakened if you're not married.

Shinyandnew1 · 03/09/2026 22:57

Unlikely, if it’s in his name and you didn’t get married. Do you work?

Pinkbananaa · 03/09/2026 22:59

Your unmarried he owes the house, you need to leave.

MysteryParcel · 03/09/2026 23:00

If you’re not married then generally speaking no, you don’t.

If however you can prove a beneficial interest in the property such as making mortgage payments or investing money to improve the house (new bathroom / kitchen / extension) then you may be able to make a claim under TOLATA but it can be very costly to do and in most cases not worth it.

Is he a high earner? Do you know much you’ll get in child maintenance?

BreezyClouds · 03/09/2026 23:01

If it's in his name then he could call the police to remove you if necessary.

You may have a financial interest in it and need to take advice on this but you've no right to stay there.

I'm sorry, will dd go with you or stay with dad?

Unexpectedlysinglemum · 03/09/2026 23:02

You can temporarily stay, he needs to take you to court to evict you. There is a form you need to file to formally have your right to live there (for now) recognized - ask AI to help you find it.
once he has evict you declare yourself homeless and hopefully you’ll get help with housing if you have no money.
don’t leave without your daughter or he becomes the main caregiver

Unexpectedlysinglemum · 03/09/2026 23:09

BreezyClouds · 03/09/2026 23:01

If it's in his name then he could call the police to remove you if necessary.

You may have a financial interest in it and need to take advice on this but you've no right to stay there.

I'm sorry, will dd go with you or stay with dad?

No police won’t remove her this is awful advice, op
pleasw don’t listen to anyone who isn’t legally trained

why do you think squatters are an issue if the police would just pick them up and take them away.

This is her home, he is not allowed to evict her onto the street without notice.

cestlavielife · 03/09/2026 23:14

Do you have money to get legal advice?
Is there a lot of tension?
Is he the child's father?
You have very few rights it is not your house

He can give you "reasonable notice " to leave as you have no rental agreement etc

Clemmie92 · 07/09/2026 15:05

Pinkbananaa · 03/09/2026 22:59

Your unmarried he owes the house, you need to leave.

Incorrect. Especially if she has been paying towards the mortgage. Stop spreading misinformation, please.

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