1. Who can keep the house if we separate?

This is dependant upon whose name the property is registered in. Contrary to popular belief there is no such thing as a common law husband or wife and as such it simply comes down to property rights.

If the property is owned in joint names then it comes down to deciding/agreeing who should stay in the property, however if the courts power is invoked then the purpose for which the property was bought is the first consideration. It is usual that the property will have been purchased as a home for the couple and since the relationship has ended the primary purpose also ceases therefore an order for sale would be likely in any dispute as to who can acquire the other person’s interest. An application can be made to the Court under the Trusts of Land and Appointment of Trustees Act 1996 for a declaration of a person’s interest if this is unclear or more commonly an order for sale.

If the property is owned in the sole name of either party then unless the other person can establish a beneficial interest (either by way of mortgage payments or significant contribution) then there will not be any rights to any share of the equity. If there are children as a result of the relationship then there may be the possibility to occupy the property for a set period of time.

2. Do I have to continue to pay my share of the mortgage?

If the mortgage is in joint names then you must remember that you are jointly and severally liable to make the payments. This essentially means that the mortgage lender can pursue both of you or one of you individually for the payments. Of ten the arrangements for the payment of the mortgage and utility bills etc between partners when the relationship was a happy one may involve one partner paying the mortgage and the other paying the bills and food. If you move out of the property then you are still responsible for you half of the mortgage and where possible this should be paid however you should seek legal advice on this.

3. How do I retrieve my belongings from the house when my ex partner has changed the locks and refuses me access?

It is very common for one party to vacate the property upon separation, often taking only a suitcase of clothes and very few personal belongings. The person who remains in occupation may change the locks to ensure an element of privacy and sometimes when the break up is acrimonious battle may be fought over each and every personal possession. Sometimes instructing a solicitor can assist in resolving these issues however it is often the cause of numerous arguments. Where belongings were purchased jointly then credit should be give for the item to the person who does not retain it. For personal belongings an application can be made to the County Court for a Small claim.

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