Rights if you rent your home and are splitting up
This content applies to Scotland only.
Housing laws vary between Scotland and England. Get advice relating to England
This section explains what to do if you rent your accommodation with your husband, wife, civil partner or partner and your relationship breaks down. It explains who has rights to stay in the family home, what you can do if your partner is trying to make you leave and what you can do if your partner moves out.
Tenants' occupancy rights
If you are separating from your partner, your rights to remain in or return to your rented home or to make your partner leave will depend on whether or not you are married or in civil partnership and whose name is on the tenancy agreement. This page explains how to work out what your rights are.
If your partner moves out
This page explains your rights if you rent your family home and your husband, wife or partner moves out when your relationship breaks down. This may cause problems if your partner is the tenant and your name is not on the tenancy agreement.
If your partner wants you out
This page explains whether or not your husband, wife or partner can evict you from your home when your relationship breaks down. It also helps you work out whether you have the right to return to your home after you have left.
Transferring the tenancy
If your partner moves out of your home, you may be able to get the tenancy transferred into your name. If you are joint tenants, you may be able to get the tenancy transferred into your name only. If your partner and/or landlord won't agree to this, you may be able to apply to the court for a transfer of tenancy.
