Relationship breakdown

This content applies to Scotland only.

Housing laws vary between Scotland and England. This page applies to Scotland only. 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'll probably need to get face-to-face advice as well, from an adviser at a housing aid centre or Citizens Advice Bureau, or from a solicitor who specialises in family law.

This section doesn't cover divorce proceedings or provisions for your children, but you can find out more information about these topics on the Citizens Advice Scotland Adviceguide website. Read the Adviceguide's factsheet to find out more about the dissolution of civil partnerships.

Splitting up

Separating from a husband, wife or partner is never going to be easy. At the same time as coping with the emotional fallout, you will also find yourself faced with a lot of practical and potentially distressing decisions concerning your home, your financial circumstances and your children. Read more 

The family home

The family home is the place where you and your husband, wife or civil 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. If you aren't married, you can still have occupancy rights to live in the family home. Read more 

Tenants' rights

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. Read more 

Home owners' rights

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. Read more 

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. Read more 

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. Read more 

Resolving disputes at court

This page explains 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. Read more 

Financial issues

This page has a brief overview of financial issues you'll need to consider if you are splitting up from your partner, including housing costs and what happens if you have any debts. If you are getting divorced, the division of your finances will be settled as part of the divorce process. Read more 

Moving on

This page looks at your options if you want or need to leave the family home and move to new accommodation. It also explains your rights if you find yourself with nowhere to stay. Read more