Civil partnerships - Dacheng Law Firm

What is a civil partnership?

A civil partnership is a legally recognized union that may be formalized by two individuals who are not blood relatives. Such partnerships are open to both same-sex and opposite-sex couples. By registering a civil partnership, you and your partner are granted legal status, which confers additional legal rights and obligations. A civil partnership can only be dissolved through either the death of one of the partners or by filing a court application to legally terminate the relationship. You are not eligible to initiate the dissolution process until the partnership has been in place for a minimum of one year.

Little knowledge

Both you and your civil partner have the right to stay in your home, regardless of whose name is on the tenancy agreement. If your partner asks you to leave, you don't have to go unless a court has ordered you to. A court can order you to leave your home when dealing with the breakdown of your civil partnership.

If your partner dies and your name is not on the tenancy, you may have the right to continue living in the accommodation. If you are in this position, you should get legal advice.

If you are living in rented accommodation, you may need advice about you rights to stay in the accommodation if your civil partnership ends or if you or your partner dies - talk to an adviser.

Your home may be owned by just one of you, or you may own it jointly.

If your partner is the sole owner, you may have no rights to stay in the home if your partner asks you to leave. However, if you have children, you can ask the court to transfer the property into your name. The court will only do this if it decides it is in the best interests of your children. If you don't have children, you may be able to claim a beneficial interest in your home if you can show you contributed financially by, for example, paying for improvements or towards mortgage repayments. If you do have a beneficial interest in the home, you might be able to stop the other person from selling it. You will need to get legal advice about whether or not you have a beneficial interest.

If your relationship ends and there are children involved, the court has the power to order a transfer of the property as part of an overall settlement in order to secure accommodation for the children. This is usually done for a limited period, for example, until the younger child is 18 years old.

If your relationship has broken down, you should get advice from a legal adviser who specialises in the breakdown of relationships.

Both civil partners have a right to remain in the home, regardless of who bought it or has a mortgage on it. This is known as home rights. You will have the right to stay in the home until a court has ordered otherwise, for example, when dealing with the breakdown of your civil partnership.

If you and your partner are ending your civil partnership, the long-term right to ownership of your property can be decided alongside dissolution proceedings. The court has the power to transfer property regardless of original ownership. However, if you are not separating legally, the court will only agree to transfer ownership of a property if it is in the best interests of your children.

If you are the sole or joint owner of the home, your partner will not be able to sell it without your agreement.

However, if your partner is the sole owner, you will need to register your home rights in order to protect your interests. Unless you register your home rights, you will not be able to prevent your partner from selling the home or be able to remain there if it is sold.

You can register your home rights, regardless of whether or not you are still living in the home.

You will need to register your home rights with either the Land Registry or at the Land Charges Department, depending on whether your home has already been registered or not.

If you register your home rights, they will show up when buyers do a search on the home. This would make them aware of your right to stay in the home and prevent the sale going through.