Rights if you or your partner own your home

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 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.

Home owners' occupancy rights

If you are separating from your husband, wife or partner and you and/or they own the home, your rights to remain in or return to the home or to make your partner leave will depend on whether you are married or in a civil partnership and whose name is on the property's title deeds. This page explains how to work out what your rights are. Read more 

Selling the family home

If you and your partner are splitting up, you may wish to sell your home. Your rights to sell or to receive a financial share of the proceeds will depend on the legal status of your relationship and whether the home is jointly or solely owned. This also affects whether you can prevent your partner from selling the family home without your consent. Read more 

Staying in the home in the short term

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, and looks at how the courts can resolve disputes over who will stay in the home in the short term. Read more 

Staying in the home in the long term

This page looks at your options if you and your ex-partner have decided not to sell the family home and need to decide who will remain living there. Some of the options involve going to court, others do not. If you're not married or in a civil partnership, your options will be more limited. Read more 

Paying the mortgage

If your spouse or partner moves out, you'll need to consider how to keep up with the mortgage payments. This page explains your options. It also looks at how you may be able to get help to pay the mortgage. Read more