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Housing Law in Scotland$
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Peter Robson

Print publication date: 2011

Print ISBN-13: 9781845861117

Published to Edinburgh Scholarship Online: September 2015

DOI: 10.3366/edinburgh/9781845861117.001.0001

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Relationship Breakdown, Abuse and Housing

Relationship Breakdown, Abuse and Housing

(p.319) 10 Relationship Breakdown, Abuse and Housing
Housing Law in Scotland

Peter W. G. Robson

Edinburgh University Press

This chapter discusses the legal framework for relationship breakdown and domestic abuse in relation to housing in Scotland. The housing rights of women have traditionally been limited in Scotland. When a woman married, her property became that of her husband. With the enactment of the Married Women's Property (Scotland) Act 1881, this ceased to be the case as far as moveable property was concerned. While this did not apply to heritable property, until the Married Woman's Property (Scotland) Act 1920, however, the husband retained a right to the rents or produce under the jus administrationis. In the event of relationship breakdown, there are various possibilities available to the parties before divorce, ranging from separation to reconciliation. The Matrimonial Homes (Family Protection) (Scotland) Act 1981 introduced the concept of occupancy rights for those spouses and partners who were neither owners nor tenants of the partnership home and who are referred to as ‘non-entitled spouses’. This chapter also considers the rights which are available to partners by contract, common law, statute and otherwise.

Keywords:   relationship breakdown, domestic abuse, housing, Scotland, housing rights, women, property, Matrimonial Homes (Family Protection) (Scotland) Act 1981, occupancy rights, non-entitled spouses

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