Cohabitation Breakdowns: What to Do Legally When One Partner Refuses to Move Out

Disagreements with a partner, or ex-partner, can be draining enough at the best of times. But when one partner refuses to move out of a shared home, things become more complicated. Compared with a marriage or civil partnership, cohabitation offers limited automatic legal protections. Below are the rights that do exist, what steps can be taken, and when professional guidance may be helpful.

Your legal position as a cohabitant

When a relationship ends, the first thing to clarify is whether either partner has a legal right to remain in the property. If both names are on the tenancy agreement or the title deeds, both parties generally have equal rights to occupy the home, regardless of who paid more towards rent or the mortgage. One partner can’t force the other out without following a legal process.

If only one partner is named on the tenancy or owns the property outright, the situation changes. The non-owner or non-tenant may have fewer rights, but they’re not automatically required to leave immediately. In some cases, they may still have a right to reasonable notice or be able to claim an interest in the property based on financial contributions or shared intentions.

When one partner refuses to leave

A refusal to move out may stem from fear of losing a home or uncertainty about rights. While this can be frustrating, attempting to remove a partner through informal enforcement is risky. Changing locks, removing belongings, or creating an intolerable living environment can amount to unlawful eviction or harassment.

If both partners have a right to occupy the property, the law generally expects them to resolve matters through agreement or court intervention. If only one partner has a clear legal right, formal steps must still be taken to regain exclusive possession. This may involve written notice and, if necessary, a court order.

Seeking early legal advice

Early advice can prevent mistakes that escalate conflict or weaken a legal position. Speaking to divorce solicitors who also deal with cohabitation disputes may be helpful, as they’re familiar with property rights, occupation orders, and negotiation strategies. Legal advice can clarify whether an application to the court is appropriate and what evidence may be needed to support it.

This stage is also a chance to explore non-court options. A solicitor can help draft a formal letter setting out expectations, timelines, and consequences. A clear statement of legal rights may be enough to prompt cooperation.

Occupation orders

If agreement is impossible, the court may be asked to intervene. An occupation order can regulate who lives in the property and on what terms. This might include requiring one partner to leave or restricting their use of certain parts of the home. Courts consider housing needs, financial resources, and the wellbeing of any children.

Occupation orders are not granted lightly. The court balances the hardship to each party; this is a careful exercise rather than a moral judgment. Evidence of threats, intimidation, or serious conflict can influence matters, especially where personal safety is at risk.

Financial contributions and beneficial interests

A common source of dispute is whether a non-owner partner has a financial stake in the property. Contributions to mortgage payments, renovations, or household expenses may mean a financial stake in the property. Establishing this requires evidence of contributions and an intention to share ownership, which can be complicated.

If a beneficial interest is established, the court may order the sale of the property or determine how proceeds should be divided. These claims can take time and often require detailed financial records.

Practical steps while matters are unresolved

Living together after a relationship ends is rarely easy. While legal processes are ongoing, practical steps can reduce tension. Agreeing on temporary arrangements for shared spaces, bills, and privacy can make daily life more bearable. Keeping communication factual and documented can also be useful if matters later come before a court.

It’s important to prioritise personal safety and mental wellbeing; if conflict escalates, support from friends, family, or professional services may be necessary. Avoid confrontations that could undermine a legal case or create further difficulties.

Resolution

The goal is a clear and enforceable outcome that allows both parties to move on. Whether achieved through agreement, mediation, or court order, resolution requires an understanding of rights and a willingness to engage with the legal framework.

Taking informed steps early, seeking legal advice, and avoiding impulsive actions can make a significant difference.