Staying in your home after a break-up

You have the right to stay in your home if either:

• your name is on the tenancy agreement or the title deeds

• you’re married or in a civil partnership with the tenant or owner of the home

You cannot force your partner to move out if they have occupancy rights. You could get help from a mediator or go to court if they refuse to leave.

If you're worried about paying housing costs on your own, check if you can get any benefits and get money advice.

If you rent or own a home together

If you and your ex-partner have a joint tenancy or you own the home together, neither of you can force the other to leave.

You’ll need to come to an agreement about who will stay in the home, or go to court if you cannot agree.

Check our advice if you:

• you have a joint tenancy

• you own the home together

If you’re not on the tenancy agreement or title deeds

You automatically have occupancy rights if you’re married or in a civil partnership. This means your ex-partner or their landlord cannot force you to leave without a court order.

If you’re living together but you do not have a legal partnership, you may not have strong rights to stay in the home. You could apply to a court to get occupancy rights for up to 6 months at a time.

Check our advice if you live in your ex-partner's home.

Getting your ex-partner to move out

You cannot force someone to leave or stop them from returning home if they have occupancy rights. They have occupancy rights if any of these apply:

• they’re on the tenancy agreement or title deeds

• you’re married or in a civil partnership

• the court has granted them occupancy rights

If your ex-partner does not have occupancy rights, you can tell them to leave with reasonable notice, or refuse permission for them to move back into your home.

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.

Getting legal help if you cannot come to an agreement

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 get legal help for free or at a lower cost.

Get help with housing costs

You could get benefits if you’re on a low income.

Check if you could get:

• Universal Credit to help pay rent

• Discretionary Housing Payment if your benefits do not cover the rent

If you’re worried about being able to pay for your home, speak to a money and debt adviser. They can help you reduce your costs, get benefits, and negotiate repayments on any debts.

Check where to get money and debt advice.