Breaking up if you own a home together

If you own your home jointly with a partner and you plan to separate, try to decide together whether to sell the home or transfer ownership to one person.

If you cannot agree, you can ask the court to decide who will live in the property or whether it will be sold.

Staying in the home

If you own the home jointly with a partner, you both have equal rights to live in the home. These are sometimes called occupancy rights.

If you both have equal rights to the home, you cannot make the other person leave without a court order. Forcing someone to move out who has occupancy rights is illegal.

You can get legal advice and take court action to restrict an ex-partner’s occupancy rights. This includes having the court decide who they can bring to the home and at what times they can be there.

If you're being forced to leave

If you’re being harassed to leave, you can ask the court to enforce your right to stay. When deciding, the court will take into account:

• your and your ex-partner’s actions

• the needs of any children in the family

• whether either of you have offered the other somewhere else to live

• both your and your ex-partner’s needs and how much money you each have

Paying the mortgage

If you have a joint mortgage, you’ll both be equally responsible for the mortgage payments. If one of you stops paying, the other will have to pay the full amount even if they’ve moved out. This is sometimes called joint and several liability.

You may be able to transfer the mortgage to only one person. This would be a change to the terms of the mortgage. To do this you both need to agree, and you need the permission of the mortgage lender.

Help with housing costs

If you’re unable to afford the home by yourself, you may need to consider other housing options to avoid getting into arrears.

You could be entitled to benefits to increase your income, or grants to help with a temporary shortfall. Check our advice on getting help with money and debt.

If you need to move out

You could consider:

• applying for social housing

• finding a private rented home

If you leave the home but you’d like to return in the future, get legal advice.

Your occupancy rights could be affected if you have voluntarily moved out. You may have to go to court to enforce your occupancy rights and live in the home again.

Selling the home

Both owners have to give permission to sell the home. If you cannot agree, the court can decide.

Find advice on selling your home on the citizen’s advice website.

The council must help you if you’re homeless

You could be homeless if you have to leave your home or you're unsafe where you're staying. You do not have to be living on the streets to be homeless.

Check our advice on how the council must help you if you’re homeless.

Getting legal advice

A solicitor can help you understand your rights and options and negotiate with your ex-partner on your behalf.

Find a solicitor on the Law Society of Scotland website.

Solicitors charge for their work, but you could try getting legal help for free or at a lower cost.

Getting mediation

A mediator can help you and your ex-partner make decisions about the home.

Some councils offer mediation services for families.

Find your local council’s website on mygov.scot.

If the council does not offer this service, find a mediator on the Scottish Mediation website.