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Your rights depend on whether the house is in both your names or not. This is a complex area of law. A local advice agency can help you work out what your best option may be.
In cases of domestic violence your housing options may be different.
Home owned in one person's name
If it was clearly agreed that the non-owner would be entitled to nothing it is unlikely that any court would give the non-owner anything. If you agreed in writing to share the property if it was sold then you can usually rely on this agreement.
If the non-owner has paid toward the mortgage, deposit or has paid the bills instead of paying the mortgage s/he may have a case to get half the house. Get specialist legal advice if you are in this situation.
If there are children involved the court may give the home to the person with custody until the children turn 18 or leave full time education.
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Home owned in joint names
Your rights depend on whether or not you decide to buy as joint tenants or tenants in common. Most people buy as joint tenants. Contact the solicitor who dealt with your house purchase if you aren't sure.
Joint tenants
You will usually get 50% of the house. If this isn't fair because of what you contributed to the purchase price or the cost of the mortgage you may be able to go to court to get this changed. Contact a solicitor if you are in this situation.
If there are children involved the court may give the home to the person with custody until the children turn 18 or leave full time education.
You can only sell the home if both owners agree to it. This can be a problem if only one person wants to sell or can't offer a fair price for the other person's share. You may want to take this to court, but this can be very costly.
Tenants in common
You usually own the house in the shares that you bought it. If you didn't set out the shares when you bought the house, you will get 50% of the house. If a 50/50 split isn't fair because of what you contributed you can either negotiate a deal or go to court. If you go to court you will have to show that you had an agreement that you have unequal shares.
If there are children involved the court may give the home to the person with custody until the children turn 18 or leave full time education.
You can only sell the home if both owners agree to it. This can be a problem if only one person wants to sell or can't offer a fair price for the other person's share. You may want to take this to court, but this can be very costly.
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I have suffered domestic violence
You don't have to be married to get help from the court if you have suffered domestic violence. The court may be able to:
- give you possession of your home for 12 months
- stop the violent person from coming near your home
- stop the violent person from harassing you
If the violent person breaks the court order s/he could:
- be fined up to £2,500
- be imprisoned for up to three months
In serious cases the court may order both. This is a complicated area of law so get advice if you are in this situation. You may want to contact Women's Aid , Gingerbread NI or a solicitor .
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