Your rights if your partner owns the home

If you live in your partner's home and your name is not on the title deeds, your rights depend on your marital status.

If you’re married or in a civil partnership, you’ll have stronger rights.

If you’re married or in a civil partnership

If you're living with your partner in their property as your main home, you'll get have occupancy rights as their spouse or civil partner. This means that neither of you can force the other to leave without a court order.

You’ll need each other’s permission to:

• sell the property

• rent out the property

• make non-essential improvements to the property

• take out a loan against the property

If you have a dispute about the home, you can go to court. A court order can allow one of you to take specific actions without the other's permission.

You could lose your right to stay in the home if you move out for 2 years or more.

Even if your name is not on the mortgage, you can make payments towards it. You may be entitled to a financial share in the home.

A family law solicitor can give you advice on your rights as a spouse or civil partner. Search for a solicitor on the Law Society of Scotland website.

If you’re cohabiting partners

Cohabiting means you're in a relationship and living together, but you're not married or in a civil partnership.

If you're not on the title deeds, you usually will not have many rights to the home. If you split up, you can apply for a court order to get the right to stay there temporarily.

If your partner dies, your rights will depend on what's in their will.

Signing a cohabitation agreement

This is a document that sets out agreements about things like finances, property and children.

A cohabitation agreement can help if you split up and there's a dispute about the home.

A solicitor can help you draw up an agreement and give you advice on your rights. Search for a solicitor on the Law Society of Scotland website.

Becoming a joint owner of the home

To become a joint owner, you'll need to be added to the title deeds. A solicitor can help you understand how this will affect your rights and finances.

If both of your names are on the title deeds, you’ll share the same rights and responsibilities, regardless of your marital status. Neither of you can force the other to leave without a court order.

You’ll also need each other’s permission to:

• rent out the property

• make non-essential improvements to the property

• sell the property

• take out a loan against the property

If you have a dispute about the home, you can go to court. A court order can allow one of you to take specific actions without the other's permission.

You’ll both be responsible for any repair and maintenance costs.

You’ll only be responsible for mortgage payments if you have a joint 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.

Neither of you can change the terms of the mortgage without the other’s permission, and the permission of the mortgage lender.