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If your relationship with your partner or joint tenant breaks down, you may need to decide who is going to live in and take over the tenancy of your home.

When tenants are married to each other, they both have a right to stay in the home, even if it is not a joint tenancy. If it is not a joint tenancy, the husband or wife of the tenant has what is called 'occupancy rights'.

These rights include the following: 

  • You have the right to live in and return to the home
  • You can only be made to leave the home by an order from the court   
  • The tenant needs your permission (consent) if they want to give up the tenancy or apply for a transfer or mutual exchange
  • You can apply to the court to have the tenancy put in your name. Also, both partners can apply to the courts to evict the other if they are abusive (an exclusion order)

If you are living with your partner and are not married, you will have the same rights as your partner if you are joint tenants. If you are not a joint tenant, to have some of the same rights as your partner you will need to apply to the courts and you should get advice on this.

If your relationship is going through a difficult time and you are leaving the home temporarily, you should let your local housing office know.

Contact us

  • Completing the online contact form
  • Calling 01389 608910 (Dumbarton /Alexandria) or 01389 608944 (Clydebank).