UK homelessness is one of the largest issues our country has to face, but why are we seeing this problem increase? The link between divorce and homelessness is undeniable…
Going through a divorce is a stressful and emotional time for a couple. There are lots of things to consider as you move through the process, such as how you will divide your finances, arrangements for your children and where each of you will live. This change in circumstances can often lead to homelessness.
Being without a home, particularly during a divorce, can be frightening. That said, it’s important to know that there is help out there, and things you can do to avoid ending up in such a difficult situation. Seeking advice in this situation is paramount so if you’re going through a divorce and are worried about being made homeless, speaking to a reputable family law firm may be your first port of call.
That said, there’s more to it than just this. If you think you might be in trouble of falling into homelessness, we’ve provided some insight into how to act to avoid this, so be sure to read on for more…
What are the Implications of a Divorce on Your Lifestyle?
Getting a divorce is not simply separating from your spouse but rather, beginning a whole new life. Often people will find themselves moving to a new home or in with friends temporarily, they might find themselves worse off financially, and they may become estranged with family and friends. It’s particularly hard when children are involved.
Divorcing couples may also experience ill health both physically and mentally. The experience is much worse for people who find themselves homeless as a result.
The Link Between Divorce and Homelessness
According to the latest figures from the Office of National Statistics, six per cent of people who became homeless in England cited the breakdown of their relationship as the primary reason. What’s more, between 2017 and 2018, 12 per cent of people who became homeless in England cited a violent relationship breakdown as the primary reason.
Homelessness as a result of domestic violence disproportionately affects women. In fact, research conducted in 2018 confirmed that 33 per cent of female residents in shelters were sleeping rough due to domestic violence. This is a worldwide issue, and some women may handle it by taking legal action against their abuser. This Harrisburg PA domestic violence attorney, for example, helps bring justice to victims of domestic abuse so they can return to their lives without fear of violence.
When a marriage breaks down, one of the main things that need to be decided is where each of you will live. The short-term options are usually:
- One person stays and the other moves out;
- Both leave and move into new places;
- Or continue to live together but as separate households.
As a divorcing couple, the best way to proceed is to agree on where you will each live going forward. This may not be possible, either because you can’t agree amicably or there may be other factors involved that force your hand, such as domestic abuse. With these limited options, it’s no surprise why so many individuals end up on the streets after a divorce.
What are my Rights to my Home During a Divorce?
Usually, divorce proceedings will include a division of assets which will include the family home. This may involve one partner paying a lump sum or maintenance payments to the partner who has to move out. Alternatively, it may involve property adjustment order or tenancy transfers.
This area of law is complex and is a combination of housing and family law. It’s important to seek advice as soon as possible to know what your rights are. Ultimately, your right to stay in your home will depend on:
- Whether you are the sole or joint tenant/owner
- Whether you can enforce any rights you might have through the court
- Whether you have children
Occupation Orders
As a married couple, if you are joint owners or tenants of a property, then you both have equal rights to stay in the home unless an occupation order has been requested. An occupation order is a measure used by the courts to decide who has the right to stay in the home temporarily. This can be used by one partner to force the other out of the property.
If your partner is the sole owner or tenant of a property, you will still have ‘home rights’ which are similar to the rights of a joint tenant or owner. Again, this can be subject to an occupation order.
Once divorce proceedings begin, you may lose your home rights and need to register for them. If an occupation order is applied for, the courts will decide whether to grant it based on:
- Both of your incomes
- Whether you have children
- Both your housing needs and your alternatives
- Whether the order would have any impact on either person’s health or wellbeing
- Both of your behaviour
- Whether the property is rented or owned
The Alternatives…
If you decide to move out on your own, you must make sure that you can afford to pay your rent or mortgage alone. If you leave your current home with the intention of returning later, you should still continue to keep up those payments. If you are unable to keep up with payments this can lead to:
- Eviction or repossession of your home
- Your landlord or lender taking you to court to pay off arrears
- Bad credit rating, making it harder to find a new home
- Jeopardising any legal rights you might have to your home
If you leave the home without any alternative arrangements or fail to keep up with payments on your current property, the local authorities can claim that you made yourself ‘intentionally homeless’ if you lose your home as a result, making it more difficult to find another home. So, always be sure to seek advice from a solicitor, or places like Citizens Advice, before leaving the home.
If you feel that you must leave the home because you feel unsafe or have been subjected to violence, then places like Refuge, Women’s Aid, and Men’s Advice can help you. In emergencies, you should call the police.
Divorce vs. Homelessness: is it Worse During COVID-19?
At the beginning of the coronavirus outbreak in the UK, the government took steps to house as many homeless people as possible. They pledged £3.2m to local authorities to help keep people on the streets safe from the virus. Homelessness was almost completely eradicated at the height of the pandemic.
Unfortunately, the enforcement of a national lockdown led to victims of domestic abuse having no escape from their abusive partners. Refuge saw a record demand for its helpline and emergency accommodation as a result of women trying to flee their situation with nowhere else to go. Clearly, these turbulent times have raised further awareness for these issues, and have exacerbated the prevalent issues within many homes.
Tackling the Homelessness Problem
So, what are the steps you can take to avoid a situation where you might find yourself without a home as a result of divorce?
1. Seek Legal Advice Immediately
Before making any decisions, it is advisable to seek legal advice to find out your rights and to begin your divorce proceedings. A solicitor can help you to divide your assets fairly, and avoid any unnecessary conflicts. In cases where financial discrepancies or hidden assets are suspected, consulting a specialist such as a Money Laundering Attorney can be crucial to ensure all finances are handled properly. The cost of a solicitor will depend on the length of your case, however, you can sometimes get help under legal aid or under the legal help scheme.
2. Try Mediation
If you and your partner can’t agree on certain aspects of your divorce, enlisting the help of a mediator can help you to overcome your differences. This is an impartial onlooker, who can help you to come up with a decision. A mediator can also help you avoid having to take your divorce proceedings to court, saving you time and money.
3. Find Cheap, Temporary Accommodation
It’s important that you don’t leave your home without seeking legal advice but, if you do, you should make sure that you continue to pay any rent or mortgage due so that your interests in the property are secure.
If you wish to leave, staying in cheap rental accommodation or with friends can be a temporary solution. If you can’t afford to leave, and it is possible to do so, splitting your home into separate living areas with your ex-partner can be another temporary solution. This can give you the opportunity to talk things through and hopefully avoid any rash decisions.
4. Find an Emergency Shelter
If you find yourself in a situation where you need to leave home immediately, you can seek help from emergency shelters such as Crisis, Shelter, or Refuge. They may be able to offer you temporary accommodation and some basic necessities, such as toiletries, food and clothing. These places can also give you support and advice on your next steps.
5. Arrange Pre-Nuptial and Post-Nuptial Agreements
One way to ensure that you don’t find yourself without a home during a divorce is to draw up a pre-nuptial or post-nuptial agreement. These agreements can include what would happen to your house, children and finances should your relationship come to an end.
Although not legally binding, when drawn up correctly by a solicitor, these agreements would be taken into consideration in court if you had a dispute with your ex-partner during divorce proceedings.
Coping with Homelessness and Divorce
Finding yourself facing homelessness while going through a divorce is stressful and challenging. Clearly, the link between divorce and homelessness is rife, so aiming for solutions to the problem is paramount. Although it is a tricky topic, as we’ve seen, there are some solutions.
Many of the services we have listed above can give you the right advice and support you need to get back on your feet. Ultimately, seeking legal advice as soon as possible is the best thing you can do.
Have you had any experience of being homeless after a divorce? What actions did you take to get back into housing? Please feel free to share your experiences in the comments below.
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