What can I do if my partner refuses to leave the house?

Disputes about living arrangements are among the most stressful issues couples face during separation, particularly when one partner refuses to leave the home. In the UK, the steps you can take depend on whether the property is owned or rented, and whose name is on the title or tenancy agreement. It also depends on whether you are married, in a civil partnership, or cohabiting without formal legal ties. Understanding your rights is vital before taking any action.

If the property is solely in your name and your partner refuses to leave, the situation can feel particularly frustrating. In some circumstances, you may be able to change the locks if you are the legal owner, but this can create further conflict and might not be appropriate if children are involved. If your partner has established “home rights,” for example as a spouse, they may have a legal entitlement to remain even if their name is not on the deeds. This means you cannot simply exclude them from the property without obtaining a court order.

If you are married or in a civil partnership, the law gives both partners rights of occupation regardless of ownership. This is to protect the housing stability of both parties while financial arrangements are being resolved. In these cases, the only way to remove a partner who refuses to leave is by applying for an occupation order. This is a type of injunction that regulates who can live in the property and can exclude one party if it is necessary for the protection or wellbeing of the other. Occupation orders are particularly important in cases involving domestic abuse or controlling behaviour, where remaining in the same property is not safe.

For cohabiting couples, the situation is different. If your partner’s name is on the tenancy or deeds, they have a legal right to remain in the property. If their name is not included, they may still try to argue for an interest based on contributions, but they do not automatically have the same rights as a spouse. In these cases, the correct legal remedy may involve applying for possession of the property or seeking a declaration of trust if there is a dispute about ownership.

It is important not to try to take matters into your own hands by forcing a partner out without legal authority. Doing so could expose you to claims of unlawful eviction or harassment. The safest approach is to obtain legal advice early and, if necessary, apply to the court for the appropriate order. While this may feel like a slow process, it ensures you act within the law and protects you from potential consequences.

Every situation is unique, and the best course of action depends on the legal status of your relationship, the ownership of the property, and whether children are involved. If your partner refuses to leave and you feel trapped in your own home, speaking with a family law solicitor can provide clarity and practical solutions. Our team can advise whether you need an occupation order, possession proceedings, or another form of legal protection to resolve the matter effectively.