Assumption: "Only the person whose name is on the deeds or the mortgage has any right to live in the family home."

Court Reality

Under section 30 of the Family Law Act 1996, a spouse or civil partner who is not on the title has home rights. If they are living in the home, they have a right not to be evicted or excluded by the other spouse unless the court makes an order under section 33. If they are not living there, they can enter and occupy only with the court's permission. Home rights last only while the marriage lasts, unless the court orders otherwise, so the timing of the final divorce order matters (see gap 82). A spouse who is on the title can also apply to the court for an occupation order under section 33. Occupation applications are separate from the divorce and from the financial case. Unmarried partners are dealt with under different sections (see gap 259).