Relationship breakdown
This content applies to Scotland only.
Housing laws vary between Scotland and England. Get advice relating to England
This section offers information to help you solve the housing issues which are likely to arise if you are separating from your husband, wife or partner. Who has a right to stay in the family home? What can you do if your partner moves out? Your rights will differ depending on the kind of relationship you are in, whether you rent or own your home and whose name is on the tenancy agreement or title deeds.
This section on relationship breakdown is designed to help you work out your options and rights as regards the family home. This area of law is very complex, so you may need to get contact Shelter advice centre or Citizens Advice, or a solicitor who specialises in family law.
Splitting up
Separating from your partner is never going to be easy. You will find yourself faced with a lot of practical and potentially distressing decisions about your home, finances and your children.
The family home
The family home is where you and your partner live together. It can be rented, or one or both of you may own it. You don't have to have children to have a family home.
Tenants' rights
What to do if you rent your home with your partner and your relationship breaks down. Who has rights to stay and what to do if your partner is trying to make you leave or moves out.
Home owners' rights
What to do if you and/or your partner own your home and your relationship breaks down. It looks at who has rights to stay in the home, selling the home and who is responsible for the mortgage.
Living as separate households
You may find you can't afford to move out of your shared home immediately. If your split has been amicable, you may be able to divide your home between you and live separately.
Taking legal action
If you and your partner cannot resolve your housing issues between you, you may have to go to court. This page looks at what you need to do before considering court action, and how you can pay for it.
Resolving disputes at court
How the court can help resolve your housing issues. Court orders are not granted automatically, and the sheriff will need to look at both your situations before making a decision.
Financial issues
Financial issues to consider if you split up from your partner, including housing costs and what happens if you have any debts. If you get divorced, your finances will be settled as part of the divorce process.
Help with housing costs
If your partner moves out, you may find it hard to cope with paying the bills, household expenses and rent or mortgage on your own. This page looks at help that may be available to you.
Moving on
This page looks at your options if you want or need to leave the family home and move to a new home. It also explains your rights if you find yourself with nowhere to stay.
