If you are thinking about how to safely leave the abuser, you may want to know whether you can still stay in your own home. If this is something you’d like to do, support may be available.
You may need to move to separate accommodation temporarily while your home is secured, and measures are put in place to stop the abuser from returning. If you do need to find somewhere to live on a temporary basis, we have more information on finding a safe place to live.
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To stay safely in your home, you may wish to apply for a court order that instructs the abuser to leave and stay away from the home. An occupation order is a court order that decides who can live in the family home and can instruct who is responsible for paying the mortgage or rent.
You may wish to also apply for a non-molestation order, which also instructs the abuser to not threaten or harm you or your children. It can also instruct the abuser not to go to certain places like your work or children’s school. You can often apply for an occupation order and a non-molestation order at the same time.
Read more about applying for a non-molestation order here. It is also important to get legal advice straight away.
You may be eligible for free legal representation through the legal aid scheme. A local family law firm will be able to advise whether you are likely to get legal aid. They can complete a legal aid assessment, which will be sent to the Legal Aid Agency for a decision.
Organisations such as Rights of Women can provide more information about legal aid. They may also be able to talk to you about your legal rights.
The Law Society has details of local solicitors and legal advisers. You could also contact FLOWS, which is a legal support service designed to help protect women against domestic abuse. If a domestic abuse service is supporting you, they can help you apply for an occupation order.
While an occupation order can provide you with protection to stay in your home temporarily, you may be wondering what will happen to the tenancy if it is shared with the abuser (a joint tenancy) or if it is in the abuser’s sole name. Rights of Women has more information on options available depending on your circumstances.
Some areas provide a sanctuary scheme, which can help to secure your home if the abuser has left. The scheme provides security measures, such as reinforced doors, heavy duty locks, alarms and CCTV. Contact your local domestic abuse service for more information.
Most social housing providers (including local councils and housing associations) will often offer security schemes as well, which are sometimes called Sanctuary schemes and sometimes called ‘target hardening’. Your housing officer should be able to tell you what support they can offer. More information may also be available on your housing provider’s website.
You have a right to live in your home if you are married or in a civil partnership, even if the home is only in your spouse’s name. This is called matrimonial home rights. The court may also decide that you can occupy the home with the children until they are 18.
Many people believe that if they have been living together for a certain number of years, they are in a ‘common law marriage’. This is a myth. Cohabitation, or living with a partner, does not grant you the same legal rights of married couples if you separate, no matter how long you have been together. However, you can still apply for an occupation order to make sure you are immediately safe to stay in your own home.
If you cohabitate and have not registered your home rights, it is important to do so as soon as possible This will ensure that the abuser cannot take harmful actions without your consent or knowledge, such as sell or mortgage the home. Rights of Women has information about how to register your home rights.
If you are experiencing abuse, you may be afraid that the abuser will find out that you have registered your home rights. The owner of the home will usually be informed by the Land Rights Registry of your claim. If you are afraid that they will become aggressive or that this will trigger more abuse, speak to Rights of Women, a lawyer or a domestic abuse service before registering your rights.
In Northern Ireland, you can apply for something similar called a ‘matrimonial charge’, which you may need a solicitor to help you with.
In Scotland, there is no need to apply for matrimonial home rights. Instead, you automatically have these rights if you are married or are in a civil partnership, as long as you did not leave the property for 2 years or more.
If you have experienced economic abuse, you are not alone. There are organisations that can support you with the issues you may be facing.
Last updated September 2024
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