If you jointly own the home you live in
Both of you have the right to return to it at any time unless there is a court order against it.
If you have a joint mortgage then you are both responsible for making the monthly repayments. If you move out of the house this does not mean you are no longer responsible for the payments.
If you are married or in a civil partnership and only one of you owns the home
You both usually still have the right to live there until you divorce or your partnership is dissolved. But your rights can be changed by a court order, and if you haven’t contributed to the purchase of your home you may not be able to stay.
If you’re renting with a joint tenancy
Both of you have the right to stay there unless a court order says you shouldn’t.
If one of you leaves the home the other will be responsible for paying the rent. If you can’t agree on what happens next a court may have to decide.
If you’re renting under the other parent’s name
You may need to get specialist housing advice if the other parent chooses to end the tenancy. You may be able to take over the tenancy in your own name, but this isn’t guaranteed.
If you continue to share a home
You may need to continue sharing a home after separation. You can still do this and be classed as legally separated as long as you don’t share a bed, your meals or household chores.
If you think you may become homeless
It’s important to remember that you still have certain rights.