If your ex-partner is trying to make you leave
This advice applies to Scotland. See advice for See advice for England, See advice for Northern Ireland, See advice for Wales
If you live with your ex-partner and the relationship ends, you’ll usually have the right to stay in the home if you’re:
married or in a civil partnership
named on the title deeds or tenancy agreement
You should work out what to do with the home you shared with your ex-partner.
If you aren’t married, in a civil partnership or named on the deeds or tenancy, there might be things you can do to stay in your home for a while.
If you don’t have anywhere else to go
Your local authority might be able to give you emergency housing until you find something more permanent, or help you get back into your house if you need to.
Check if you can get emergency housing.
If you’ve left things in the house that you need to get, find someone you trust to help you - call the police on 101 if you need extra support.
If you need help applying for emergency housing or you don’t know where to go, contact your nearest Citizens Advice - an adviser can help you try and find somewhere to stay.
If you can't agree who should stay in your home
If your ex-partner is threatening, violent or abusive
You might urgently need them to move out so you can stay in your home and be safe.
You should apply for a:
'non-molestation order' to protect you or your children from being harmed by your ex-partner
'occupation order' to give you the right to stay in your home, get your ex-partner to leave and stop them coming back
You can get this protection whether you're married, in a civil partnership or just living together. You can still apply if you or your ex-partner has left your home.
Ask on your application to get this protection straight away because you or your children are at risk.
If you ask for urgent protection, you'll have a first court hearing without your ex-partner. At this hearing, the court might make a temporary decision called an 'interim occupation order'. You'll then need to come back for a final hearing and your ex-partner will need to be there.
Applying for an occupation order or non-molestation order
It is usually quickest and safest to apply online through Citizens Advice. If you can't apply online, you can apply by post or in person at the court.
Applying online through Citizens Advice
You can apply using a free tool called CourtNav that's run by RCJ Citizens Advice - a Citizens Advice office which specialises in legal services.
The CourtNav system will help you find the best way forward and check if you can get legal aid to help with your legal costs. It will either:
help you find a legal aid solicitor if you can get legal aid
help you apply to the court yourself
The form will ask you if you're at risk in your home and help you ask for an 'emergency order' if you need the protection straight away.
You can start an application through CourtNav.
Applying by post, by email or in person
You'll need to fill in the application form on GOV.UK - you can type in your answers and then print it.
The form asks you for your:
name and contact details
ex-partner's name and contact details, if you have them
mortgage details, if you have one
reasons for applying
You'll also need to write out a 'witness statement' and attach it to the form. This is an opportunity to explain why you need an occupation order - for example because you can't afford to move anywhere else right now.
If you're at risk and need to get the protection straight away, ask the court to 'hear your application without notice being given to the respondent.' This is a tick box on section 3 of the form and is sometimes called an 'emergency order'.
Make sure you explain in your witness statement if your ex-partner is likely to:
deliberately avoid the occupation order
physically harm you or your children
stop you from applying if you wait longer
If you don't want your ex-partner to know where you're staying, you can leave the address blank on the form. Write your address on this form on GOV.UK instead and attach it to your application.
Sign and date your witness statement and write 'I believe that the facts stated in this witness statement are true' at the bottom.
Send 3 copies of your application to your nearest court. You can send your application by email or post, or hand it in at the court. You can find contact details for your nearest court. They'll arrange for a copy to be sent to your ex-partner and will ask them to write their own witness statement.
Going to the hearing
The court will get in touch with a date for the court hearing. If you’re worried about being in court with your ex-partner, you can ask to:
use separate entrances and waiting rooms
take someone with you for support
Your hearing will be held at your nearest family court. In most cases, the only people other than the court staff will be you, your ex-partner and either of your solicitors.
If you’re making an emergency order because you’re at risk in your home, your ex-partner won’t be at the first hearing.
At the end of the hearing, the court will either decide:
that your ex-partner must promise to do or not do something - for example let you stay in the home
that they need more information – you might get a short-term order to protect you until you provide this information
to issue an occupation order saying who can stay in the home
You’ll get a copy of any order the court issues through the post - it will say what your ex-partner can and can’t do.
The occupation order has to be ‘served’ to your ex-partner to make it official - this means they need to be given a copy of the order in person. Your solicitor will do this if you’re using one.
If you’re not using a solicitor, ask the court to serve the order for you.
Once your ex-partner has their copy, the rules they have to follow because of the order can be enforced. If you think your ex-partner does anything that goes against the order, you should call the police.
What to do next
When you’re ready, you’ll need to decide what to do about the home if you want to stay there alone - for example change your tenancy agreement.