Family Law: Post-Break Up Transfer of Tenancy

In our blog of 10 April 2024 we explained about the use of an Occupation order, who could apply, the court criteria etc.

An occupation order is, however, as previously explained, only a short term solution and generally where the parties are married, or in a civil partnership and there are Financial Remedy proceedings ongoing, the court will ultimately make a decision about, for instance, whether the property should be sold or transferred to the other party.

Where parties aren’t married or in a civil partnership, whilst an occupation order application can still be made, how would non married partners apply for a transfer of tenancy if the other party didn’t agree to the transfer? As with occupation orders, the Family Law Act 1996 can assist.

The criteria for obtaining a transfer of tenancy are similar to those required for an occupation order, the difference being that the transfer of tenancy is a permanent solution, whereas the occupation order is only temporary.

If you wish to make an application for a transfer of tenancy or you would like further advice, please contact a member of our Family Department. We are pleased to offer free initial advice by telephone, in person, or though our free legal advice surgery.