I have separated but we are still living together

Posted: 16 September 2026

Can you be separated while living under the same roof?

Separation does not necessarily mean that one person must leave the family home. In England and Wales, a couple can be separated while continuing to live under the same roof, particularly where financial or practical circumstances make moving out difficult.

What arrangements should you put in place?

If you have separated but remain living together, it is important to establish clear arrangements. This may include separate bedrooms, separate finances where appropriate, responsibility for household expenses, and arrangements for any children.

Keeping a record of these arrangements may also help demonstrate when and how the separation took place.

What happens to your finances and property?

If you are married or in a civil partnership, separation does not automatically divide your finances or property. You may need to reach a financial agreement and, where appropriate, obtain a Consent Order to make the agreement legally binding. If an agreement cannot be reached, the court may determine how financial matters should be dealt with. For more information, please see our blog, “Financial Remedy Orders – Do You Need One?”

What happens to the family home?

Your entitlement in regard to the family home will be dependant on a number of factors, such as, whether you are married or in a cohabiting relationship. It is also important to remember that you may still have claim in regard to the property even if it is registered in formers partner’s name.

What about children?

Where children are involved, arrangements for their living and financial needs should also be considered carefully. Please see our page about to child arrangements.

Get legal advice about your separation.

Every separation is different. Obtaining early legal advice can help you understand your rights and responsibilities and put appropriate arrangements in place for your home, finances and children.

Contact us.

If you require Family Law legal advice or require representation in a family court, please contact our expert Family Law Team. Call Chelmsford Office 01245 493959 or Braintree Office  01376 556690 or send an email.