Where will I live?

Last updated: 24/01/2020

Where you are going to live after you separate from your partner is likely to be one of the main things you’ll have to consider.

Who can stay in the home you rent after separation?

You will need to decide if you wish to stay in your home or leave. If you wish to leave or if both you and your ex-partner agree that you remain, this may not be a problem as long as your landlord is happy for you to continue with the tenancy and you are able to pay the rent. Depending on your circumstances you may get housing benefit, or universal credit, and council tax reduction to help pay your rent and council tax.

If you and your ex-partner cannot agree who remains in the family home you could both leave or the matter could go to court to decide who stays.

Related information

For information and advice on housing issues see Housing Options for Single Parents or contact Shelter Scotland.

Helpline:
0808 800 4444
www.scotland.shelter.org.uk

Who can stay in the home that’s owned after separation?

If both you and your ex-partner are named on the deeds of your home, or if you are married or in a civil partnership, you are each entitled to a share of the property. There are a number of options:

  • One partner could buy the other out
  • The house could be sold and any equity or debt divided
  • One partner could gift their share to the other.

These options need careful consideration and should involve the advice of a solicitor as there may be circumstances you have not considered that could affect how you divide your home.

If you and your ex-partner are not married, or in a civil partnership, and only one of you is named on the deeds then it is usually only that person who has a claim to your home but again you should seek legal advice.