Civil partner tenants
This section looks at the rights civil partners have with regards to the tenancy and the home in the event that their relationship breaks down.
A number of different pieces of legislation will possibly need to be considered when a relationship has ended.
Where a couple have entered into a civil partnership, both partners will be entitled to occupy the family home, regardless of which one of them is the tenant.
There are a number of steps that non-entitled partner or joint tenant can take to safeguard her/his occupancy rights.
Where two civil partners remain in the property after their relationship has broken down, either civil partner can apply to the court for an order regulating or restricting the occupancy rights of the other civil partner.
Regardless of whether there is a sole tenant or joint tenants, if a civil partner wishes to exclude her/his partner from the family home s/he must seek a court order.
Interdicts are court orders that can be granted to prohibit the non-applicant partner from certain conduct towards the applicant partner and any children of the family.
The civil partnerships legislation prevents a civil partner from entering into a transaction that would impact on the other civil partner's occupancy rights without their consent.
A civil partner intending to leave the family home following the breakdown of the relationship may be entitled to housing from a local authority or registered social landlord.
A non-entitled civil partner or joint tenant wishing to remain in the family home can request that the tenancy be transferred into her/his name and s/he becomes the sole tenant.
If both civil partners agree, it may be possible for the entitled partner or one of the joint tenants to assign the tenancy to the non-entitled partner or the other joint tenant.
Last updated: 29 December 2014
- Civil Partnership Act 2004
- Family Law (Scotland) Act 2006
- Housing (Scotland) Act 1988
- Housing (Scotland) Act 2001
- Protection from Abuse (Scotland) Act 2001
- The Civil Partnership Family Homes (Form of Consent) (Scotland) Regulations 2006
- The Family Law (Scotland) Act 2006 (Commencement, Transitional Provisions and Savings) Order 2006