6. Joint home owner options
If you have a joint mortgage you both have the legal right to live there. You will have a joint responsibility with your spouse or partner to ensure the mortgage is paid even if one of you moves out of the property. Your spouse or partner may not be willing to move out but there are legal measures you can take that could exclude them and protect yourself from them.
Even if you feel it is not safe to stay in your current home, you can still pursue your financial interests in the property once you are in a place of safety. If you will need to claim welfare benefits once you have separated from an abusive partner, they will need to ensure you are resolving any financial interests you have in order for you to be entitled to these benefits long term.
Do not make a decision to give up your home permanently until you have obtained advice about your rights from a solicitor, our Housing Options Team, Citizen’s Advice Bureau or other advice agency.