My partner’s sole name is on the title deeds to our house. Do I have any rights in the property?

• Yes, under Scots law a spouse/civil partner who lives in the family home but whose name does not appear on the title deeds to the property still has certain rights of occupancy in terms of the Matrimonial Homes (Scotland) Act 1981 and Civil Partnership Act 2004. Such parties are referred to as the “non-entitled spouse/civil partner” or “NES”.

• In practice the effect of these rights means that where, for example, a couple are going through a separation/divorce the NES may be entitled to remain in the family home. The spouse/partner whose name does appear on the deeds (referred to as the entitled spouse/partner or “ES”) cannot simply force the NES to leave.

• They also allow for the NES to apply to the courts for certain orders relating to the property such as Exclusion Orders (see below) or Mortgage Rights Minutes (see Mortgage Arrears and Repossession section).

Exclusion Orders

• A court can exclude either the ES or NES from the family home by way of an Exclusion Order. This will be granted where the court deems it necessary for the protection of the party applying for the order or any child of the family.

Please note that the information above is intended only as a guide and for specific advice on any of the above or related matters we would always recommend that you seek independent legal advice.