Marital/ relationship breakdown
The Matrimonial Homes (Family Protection Scotland) Act 1981 gives certain rights to tenants if their marriage or relationship has broken down.
For married couples both partners have the right to stay in the house, even if the house is only in one partner’s name. This is known as an occupancy right. If your partner refuses you entry or tries to evict you, you can go to court to have your occupancy right enforced.
If you are not married but are living together and the tenancy is not in your name you do not have an automatic right to stay in the house, if your partner asks you to leave. However you can go to Court to apply for the right to stay in the house.
The Court gives this right for six months in the first instance. This period can be extended when the six months are up. Before allowing this, the Court will consider a range of factors including the length of relationship and whether you have any children.
If you are granted the right to stay in your house then you will have the protection of the rest of the Act.
The Matrimonial Homes (Family Protection Scotland) Act 1981 gives certain rights to tenants if their marriage or relationship has broken down.
For married couples both partners have the right to stay in the house, even if the house is only in one partner’s name. This is known as an occupancy right. If your partner refuses you entry or tries to evict you, you can go to court to have your occupancy right enforced.
If you are not married but are living together and the tenancy is not in your name you do not have an automatic right to stay in the house, if your partner asks you to leave. However you can go to Court to apply for the right to stay in the house.
The Court gives this right for six months in the first instance. This period can be extended when the six months are up. Before allowing this, the Court will consider a range of factors including the length of relationship and whether you have any children.
If you are granted the right to stay in your house then you will have the protection of the rest of the Act.
