Who gets to stay in the house after Separation?

When a couple separates, one of the first and most pressing questions is often: “Who gets to stay in the house?” It’s a difficult and emotional issue – especially when the family home represents stability, security, and memories.

At The Owen Kenny Partnership, we help clients in Chichester and across West Sussex navigate this sensitive stage with clear, practical advice. Whether you’re married or unmarried, your rights and options depend on how the property is owned and the legal relationship between you.

If you’re married, your home is usually treated as a matrimonial asset. The court will look at factors such as each person’s financial needs, income, contributions, and the welfare of any children when deciding how to divide it fairly.

If you’re unmarried, things can be more complex. The law provides more limited protection to cohabiting partners, but you may still have a legal interest in the property under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). This allows the court to decide what shares each person owns and whether the property should be sold or transferred.

We understand how worrying it can feel when your home – and your future – are uncertain. Our experienced family lawyers, David Small and Eliza Bennett, work with compassion and precision to help you reach fair, lasting solutions. We aim to reduce conflict wherever possible, using negotiation or mediation before turning to court.

If you’re going through a separation or unsure of your position, you don’t have to face it alone. We offer clear advice from the outset so you can move forward with confidence and peace of mind.

Call our family team on 01243 790532 or email your enquiry to info@owenkenny.co.uk

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