Home > The Legal Process > Becoming Intentionally Homeless: Your Rights

Becoming Intentionally Homeless: Your Rights

By: Lorna Elliott LLB (hons), Barrister - Updated: 9 Aug 2022 |
 
Homeless Intentional Home Spouse

If you walk out of your marriage, and have nowhere to live, are you intentionally homeless? Broadly speaking, it is up to your local authority to prove that you have made yourself intentionally homeless. The council has to make its own enquiries into what happened and in order to prove that you have made yourself intentionally homeless, they have to decide that you have done the following:

  • You did something deliberate, or didn’t do something deliberately, and
  • What you did made you leave your home, and
  • If you hadn’t done (or not doe this) you could have stayed in your home, and
  • In the circumstances, you could reasonably have stayed in your home otherwise.

If some but not all of the four elements above are satisfied, then you are not intentionally homeless in law and the council should give you the benefit of the doubt.

Deliberate Acts or Omissions

This could be one of several things, such as not paying the rent or mortgage when you had enough money to be able to do so, or because you were evicted because of antisocial behaviour; or just because you left accommodation that you could have stayed in if you had wanted to do so. If you were evicted or your home was repossessed because of financial difficulties that you could not avoid, you should not be considered to be intentionally homeless.

Similarly if your partner is responsible for paying the rent or mortgage, and you had no clue that this had happened – you may not be intentionally homeless but your partner could be. If you were evicted as a result of something your child did, as a parent you are generally considered responsible for your child’s actions so this could mean that you are intentionally homeless.

Could You Have Stayed?

This is the key issue for those who have left their homes as a result of the break down of their relationship. You will only be considered intentionally homeless if you left and it was unreasonable for you to do so. This means that if you were being threatened, someone in your household was being threatened (your child, or someone else) or you were suffering violence, you have probably not made yourself intentionally homeless.

Interestingly, a recent court case in the Supreme Court has now ruled that being shouted at by your spouse, if the shouting was sufficient to be perceived as a threat, then you may not be intentionally homeless. In the recent groundbreaking case, the Supreme court ruled that shouting abusively at a husband or wife counts as ‘domestic violence’ and as such can mean that the abusive party can lose their home. In this particular case, the woman had never been physically harmed by her husband, but he had shouted at her, criticized her, and gave her no housekeeping. She was perpetually afraid that her husband would take the children away from her. The court decided that this behaviour was abusive enough to be classed as domestic violence. Needless to say, this ruling has caused quite a lot of controversy amongst lawyers and those working alongside families in social services, amongst others.

The Property Itself

If the state of your property is such as to be seriously affecting your health, you may be unintentionally homeless. This also applies to houses that are of an extremely poor quality in comparison with similar homes in the area, or if you could not afford to live in the property unless you went without other necessities, such as food, heating or electricity.

If you are at risk of losing your home, or if you are considering leaving your home, you should take legal advice without delay. If you are due to be evicted, or you have been told that your house is going to be repossessed, the advice is generally to stay until this happens.

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I’m here to appreciate the good work of priest ADU who helped in saving my broken marriage. I never believed there will Be away To get my husband back but priest ADU saved my marriage through his-spell and after 7 days my husband and I returned together again after 8 months we have been separated and went different ways. I’m happy to share my story here today because I never thought There is a way of getting back together but ADU made it possible for me and restored back peace in my home. He is a powerful reunion spell-caster for family resolutions. His contact to reach out to him ( SOLUTIONTEMPLE. INFO )
craig3939 - 9-Aug-22 @ 2:17 AM
I’m here to appreciate the good work of priest ADU who helped in saving my broken marriage. I never believed there will Be away To get my husband back but priest ADU saved my marriage through his-spell and after 7 days my husband and I returned together again after 8 months we have been separated and went different ways. I’m happy to share my story here today because I never thought There is a way of getting back together but ADU made it possible for me and restored back peace in my home. He is a powerful reunion spell-caster for family resolutions. His contact to reach out to him ( SOLUTIONTEMPLE.INFO )
craig3939 - 9-Aug-22 @ 2:16 AM
My husband wants me to leave but I will be homeless as he own the property is there any help out there that could put me in temporary housing as I have no where to go. He says he would get the police on me if I dont leave I'm desperate for help
Jilly - 2-Mar-21 @ 12:12 PM
My wife admitted Adultery and unreasonable behaviour in 2014 after liying saying it was me She turned kids against me and her family I had to leave the Home and fight the courts living in a modile home 6 years on due to covid i am homeless and jobless living in a van on my mums drive Council MP and University Credit cant help as i have a stake in a home worth £500000 with no mortgage I brought it out right after RTA 1994 circumstances have DRAMATICALLY changed for all of us One of the agreements the house could be sold on its 4 beds 2 bathrooms And Apparently only My X wife and 12 1/2 year old Daughter live there I dont have the founds to risk taking back to court for a judgement via a judge to decide no matter that its an open and just case. Many thanks Daren Sykes
Chopper - 14-Nov-20 @ 10:05 AM
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D - 4-Nov-20 @ 12:50 PM
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Komy - 16-Oct-20 @ 2:43 PM
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Snoddy - 10-Sep-20 @ 5:07 PM
Hi I'm married and 42. I have always known I was gay but really tried to block it and get on with my life. It has effected my mental health terribly. I am in a town where I have no family other than my wife family. I couldn't move back to my home town as I have 2 children and couldn't live that far away. I don't know how to source housing or move forward. I'm in dire straits
Pol - 8-Sep-20 @ 5:00 PM
My husband kicked me out 2 years ago. I am divorcing h and he wants to take my money from marital car because he said I should pay towards chapter 13
Lor - 8-Sep-20 @ 3:38 AM
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Lau - 3-Jun-20 @ 9:20 PM
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Drea - 22-May-20 @ 1:55 AM
My husband for 30 yrs is a cheater I caught him several times texting and sneaking around in our house this relationship has caused me to be very depressed I use to work as a customer service worker and data entry operator this relationship has caused me to not to remember the way i would use my computer skills now i am on depressive medication and I haven't worked steady for over two yrs he takes care of our home and have me on his medical insurance he's retired but he's still working fulltime he's 68 he receives Medicare and pension plus his full time employment and he pays the mortgage I need to leave I cannot bare the lying and cheating but I have nothing and know where to go I am 56yrs old can I get some help I have know money for a lawyer
Lolo - 3-May-20 @ 9:48 PM
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ann griffiths - 9-Dec-19 @ 8:16 PM
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Debs - 23-Sep-19 @ 5:08 PM
Divorcesource, I am 24 years old and my husband and I have been together for 7 years and married for 5, and we have a child who Is biologically mine. I am a stay at home dad, I have no job now due to the care giver job I had timing out. It has been hard to keep a job because I am deafblind ,have asthma, and everyone knows I'm gay. I have no money anymore, my husband pays for everything. He wants this divorce, and I dont plan to fight him on anything. Our relationship has found its expiration date. He wants our child, and our properties, and I am okay with that. I do not have any family or any friends. I do have debts of my own from school... is there a way for me to leave their lives without causing them unintended financial or legal burden? I understand I am going to be intentionally homeless. I love them both very much, but as someone who grew up in a broken abusive home and ended up in fostercare, and has experienced shelter life, I want the best future possible for both of them. I want a simple divorce. I won't even want him to pay any form of alimony or any money to me from this. Something just clean cut. We both have agreed to this. I won't hold him to me against his wishes, it would be unfair. Also... I dont know very much about resources available to my age and gender, or if there are any available for someone of my specifications. What can be done? Our child is young and my husband seems emotionally ready to move on. I dont want to hold them back from a happy future in a new place. We will be cutting off all contact. I truly hope you have advice for me, we have planned to begin divorce papers very soon. We would like to be divorced before the year is out. My sons birthday is in February, they need some time to settle into their life together. I dont want to spoil his memories, he has such a welcoming family with my husbands relatives to grow up with.
Fable - 7-Aug-19 @ 9:52 PM
My estranged husband of 15yrs in October land Ihave been seperated for 6 years ..we are on fairly good terms ..but .as of today I am homeless due to a problem with my living arrangenents and the house my husband and I lived in together is empty...He rents this house..but has no renters at the moment ...the only thing stopping him from renting to me is his present jealous girlfriend. Im just wondering if I actually have any rights to this home and who its rented to ..or any other rights i may not be aware of .thank you
Cilla - 20-May-19 @ 6:03 AM
I wan,t to leave my controlling husband, can I take half the money and run without him knowing
Pammy - 14-Mar-19 @ 6:26 PM
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Sammie - 24-Feb-19 @ 9:12 PM
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P - 9-Feb-19 @ 8:14 AM
I need to leave my partner and father to my three young kids the house is in his name so licking him out is not an option. I have three young kids 3 and under were do I go for help! I can't stay with him he is emotionally abusive and I can't deal with it any more
sadmum - 8-Jan-19 @ 9:10 AM
Hi.My wife has just kicked me out of our home. We are renting off a local housing association and I pay all the bills. Our marriage has been rocky for quite some time now and I think it is time now to say goodbye. I am not prepared to go at this time due to money but I am now in this situation. I don't feel comfortable putting my burdon on my friends I.e to stay round theirs. My question is. What can I do next and where could I stay temporally for now?
Confused.com - 1-Jan-19 @ 1:23 PM
Hey #pompsfan Have you contacted your brothers?
DontWorry - 28-Dec-18 @ 4:37 PM
Hi , I want to leave my husband as he is emotionally abusive and I pay all the bills with no help from him I am classed as disabled so I only have benefits to live on he works full time. His name is on the tenency to the house he won’t put mine on it , I’m really unhappy and on anti depressant because of the situation I’m in , how can I get somewhere else to live I’m at a loss here on what to do I have 3 children 2 are mine and 1 together .
Minnie17 - 5-Oct-18 @ 10:39 AM
Im in a very difficult situation, I am currently jobless and I am looking for work but because my benefits stop in December, my wife of just a year and half is wanting me to leave in 2 months. If I leave I have no where to go nor can I continue to find work. We argue daily and now her child knows what's happening, so now I am being blamed for her not doing well at school and to top it off, I am being blamed for her being in debt because I moved in, although I was working. Please help I don't know what to do. I have also wanted to end because I can't see a way out and I don't want to be on the streets.
pompsfan - 21-Sep-18 @ 9:46 AM
Jazzsam - Your Question:
I'm in a very unhappy marriage. We've been married 2 years and have 1 child together. I have 2 from a previous marriage. We own a house together which we both put money into and now has quite a lot of equity but for the past 2 years I've been a stay at home mum while he pays for everything. We argue almost daily and he is aggressive and verbally abusive. He taunts me with comments about my mental health ( I suffered from post natal depression) He tells me I am a terrible mother constantly. I want to leave but financiallybincant see how it is possible. Can I get housing benefit with my situation. Can I force him to sell the house? He will never agree to leave or help me willingly

Our Response:
I am sorry to hear this. You will get benefits to help you financially, if you are a stay-at-home mum. It is always a tricky situation when one person leaves the house and then relies upon the other person to sell it. It generally works out fine if the other parent is willing, but if they prove to be awkward such as agree, but put off potential buyers or try to stall and sale, your only option would be then to take the matter to court which becomes costly. Mediation is a good way of trying to arrange who will live where once a relationship ends. The link here will also explain more. However, if the matter does go to court the preference is usually give to the parent who is the day-to-day carer of the children to remain in the family home. I hope this helps.
DivorceResource - 10-Sep-18 @ 10:20 AM
I'm in a very unhappy marriage. We've been married 2 years and have 1 child together. I have 2 from a previous marriage. We own a house together which we both put money intoand now has quite a lot of equity but for the past 2 years I've been a stay at home mum while he pays for everything. We argue almost daily and he is aggressive and verbally abusive. He taunts me with comments about my mental health ( I suffered from post natal depression) He tells me I am a terrible mother constantly. I want to leave but financiallybincant see how it is possible. Can I get housing benefit with my situation. Can I force him to sell the house?He will never agree to leave or help me willingly
Jazzsam - 9-Sep-18 @ 2:54 AM
Sarah - Your Question:
Have been married for 10 years I have a 14 year old daughter my husband is not her biological father I live in the house he purchased before we met although I have contributed to the bills for the 12 years I have lived there I no longer wish to be in a relationship with my husbands but do not wish to make myself and my daughter homeless what our my rights regarding were I live can I make him leave his house or can I ask him to help me financially to help me fine somewhere else to live so he can stay on his home

Our Response:
If you have been married 10 years, then you will have some financial rights. So, you will have less rights if your child is not biologically his (in terms of remaining in the house). You would have to seek legal advice regarding this matter. It may be that you come to a financial agreement that he gives you money to help set you up independently. However, at this point it is very much theoretical as much depends upon the amount of equity in the house and in your joint savings etc. If you can make a joint financial arrangement that you both agree with either mutually through mediation or a solicitor, then this will serve you better and is less costly than taking the matter to court.
DivorceResource - 2-Aug-18 @ 3:08 PM
Have been married for 10 years I have a 14 year old daughter my husband is not her biological father I live in the house he purchased before we met although I have contributed to the bills for the 12 years I have lived there I no longer wish to be in a relationship with my husbands but do not wish to make myself and my daughter homeless what our my rights regarding were I live can I make him leave his house or can I ask him to help me financially to help me fine somewhere else to live so he can stay on his home
Sarah - 1-Aug-18 @ 10:39 PM
@slackDesigns - what about a house-share, or a room in someone's house? If you are working could you afford to do that? You can get some cheap house shares that don't have massive deposits prior to moving in. If you move out, then unless you have kids of your own with your partner you wouldn't have to pay child maintenance and you won't have to give your partner any money. Also, if you are not on the tenancy agreement then it is better for you as at least you are under no financial obligation to keep the agreement up. If you are working, surely, you can save up or borrow £600 - £1,000 or so from your bank, enough for a month's rent and a deposit.
jessH - 20-Feb-18 @ 12:06 PM
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