Rights if you rent your home and are splitting up

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.

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

  • Tenants' occupancy rights

    If you separate from your partner, your right to remain in or return to your rented home or to make your partner leave depend on various factors.

  • If your partner moves out

    This page explains your rights if you rent your family home and your partner moves out. 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

    Do you need to leave your home when your relationship breaks down? You can also work out if you have the right to return to your home after you have left.

  • Transferring the tenancy

    If your partner moves out, you might get the tenancy put into your name. How this works and what if your partner doesn't agree to this.

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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