Rights if you or your partner own your home

This section explains what to do if you and/or your husband, wife, civil partner or partner own your home and your relationship breaks down. It looks at who has rights to stay in the home, what happens if you or your partner wants to sell the home and who is responsible for the mortgage.

Housing laws differ between Scotland and England
This content applies to Scotland only
Get advice if you're in England

  • Home owners' occupancy rights

    This page explains your rights when you split up from your wife, husband or partner and one of you owns the property.

  • Selling the family home

    If you and your partner split up, you might want to sell your home. Your rights to sell or receive a share depend on your relationship and who owns the home.

  • Staying in the home in the short term

    Explains if your partner can evict you if your relationship breaks down. Helps you check if you have the right to return home and short term solutions.

  • Staying in the home in the long term

    Your options if you and your ex-partner decide not to sell the family home and need to decide who will stay.

  • Paying the mortgage

    If your partner moves out, you'll need to consider how to pay your mortgage. How you may be able to get help to pay and alternative options.

Speak to a Shelter Scotland adviser

Call Shelter Scotland's free housing advice helpline

0808 800 4444
9am-5pm, Monday to Friday

Email an adviser

You can also email a housing adviser. We aim to respond within three working days.

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