Understand Your Rights: For Women & Children in Scotland

Find out your rights when it comes to staying in your home, asking a partner to leave, changing a tenancy, or finding safe accommodation if you need to leave because of domestic abuse.

If you’re experiencing abuse, you have the right to feel safe in your home or to find a safe place to go.

What Are Occupancy Rights?

Your legal rights and the options available to you often depend on whether you have occupancy rights.

Occupancy rights are your legal right to live in your home. They’re important if:

• Your partner has threatened to make you leave, or
• You want to stay in the home and have them leave

You have automatic occupancy rights if:

• You’re married or in a civil partnership, you have an automatic right to stay in your home, whether the house is in your name, your partner’s name or joint names
• You’re cohabiting (not married or in a civil partnership) and are the owner or a named tenant of the property (either solely or jointly)

If you’re cohabiting (not married or in a civil partnership) and not named on the tenancy or mortgage:

• You don’t have automatic occupancy rights
• You can apply to the court for occupancy rights. These are usually granted for 6 months at a time and can be renewed

Can I stay in my Home and have my Partner leave?

Yes. If you are at risk or feel unsafe, there are legal ways to remain in your home and have your partner removed, but it depends on their legal rights.

If your partner does NOT have occupancy rights:

• They have no legal right to remain in the home
• You can:
  • Change the locks
  • Refuse them entry
  • Apply to the court for a warrant of ejection
  • In this case, you do not need to apply for an Exclusion Order but to keep them away, you might want to ask the court for a Non-Harassment Order or an interdict with a power of arrest and “domestic abuse interdict” status- see above

If your partner DOES have occupancy rights:

You can ask the court for an Exclusion Order. This is a legal order that suspends their right to live in the home- see above

You can still apply for an Exclusion Order even if:

• You’ve left the home temporarily
• But you must apply for the Exclusion Order within two years of leaving
• If they have left, you can apply for an interdict or a non-harassment order to keep them away.

When applying for an Exclusion Order, the court may also grant other protective orders like:

• Interdicts
• A Non-Harassment Order

See Legal Rights (above) for more information about Orders and Interdicts.

Renting: Can I Get the Tenancy in my Name?

If your partner has left, or you’ve asked them to leave, you can apply to have the tenancy put in your name.

This is called a transfer of tenancy.

If your landlord is the council or a housing association:

• They can’t unreasonably refuse your request
• If your ex-partner refuses to consent, you can ask the court to order the transfer

If your landlord is private:

• It depends on your tenancy agreement
• You may need to ask for consent or go to court if needed

What if I Have to Leave my Home?

If staying in your home isn’t safe, you have legal rights to housing support in Scotland.

You can make a homeless application with any local council, even if you aren’t living on the streets. You might be considered homeless if you:

• Are unsafe in your home
• Are staying with family/friends or in a refuge
• Have left your home due to abuse

The council must:

• Provide temporary accommodation (e.g. refuge, hostel, B&B, or furnished flat)
• Assess your situation
• If your application is accepted, they must provide a suitable permanent home

You don’t have to report the abuse to the police to be eligible for help.

Other Accommodation Options

Everyone’s situation is different. Some alternatives include:

Refuges

• Safe accommodation for women, children and young people experiencing domestic abuse
• Staffed by expert, trained and knowledgeable Women’s Aid workers who understand what you’re going through

Private rentals

• May be an option if you’re looking for a more settled home
• Keep in mind: upfront costs (like deposits) and availability

Staying with family or friends

• Can be a quick way to get out
• Consider whether it’s safe, especially if your abuser might know where they live

If you’ve separated from an abusive partner and have children, you have legal rights to protect your child’s safety and make safe arrangements for where they live and who they see.

What Happens to Children After Separation?

If you’ve separated from an abusive partner and have children, decisions may need to be made about:

• Residence: where and with whom the children live.
• Contact: how and when the children spend time with the other parent.

These arrangements can be made informally by agreement or, if needed, through the family courts.

Why Contact and Residence Matter in Abuse Situations

• Making decisions about children’s schedules can feel overwhelming, especially in the context of domestic abuse.
• If there are safety concerns, you might feel contact should be:
  • Supervised (e.g. at a neutral venue),
  • Or even suspended, to protect the safety and well-being of both you and your children.

Arranging Safe Contact and Residence

Step 1: Talk to Your Partner, Safely (If Possible)

• If safe for you and your children, you might agree on residence and contact without going to court.
• But if you are experiencing domestic abuse, coercion in any form within your relationship, or your partner’s behaviour is causing you concern, an informal arrangement may not be safe.

Step 2: Seek Legal Support

• Contact your local Women’s Aid group and the Scottish Women’s Rights Centre (SWRC) for free legal information.
• SWRC provides legal guides on contact and residence and can help you understand your rights.

Step 3: Consider Going to Court

• You can apply to the court for legally binding orders if you cannot reach an agreement.
• Courts can:
  • Set up supervised contact at registered centres, with staff trained to understand the impact of domestic abuse.
  • Decide whether contact should be suspended, in whole or in part, if it would put a child at risk.
  • Decide where a child should live

How Abuse Affects Legal Decisions

• When making decisions around contact and residence, Courts must consider the welfare and best interests of children, how domestic abuse has affected the children and the impact on you of co-parenting where there is domestic abuse
• Even if separation happened some time ago, a court may still recognise domestic abuse as relevant to children’s safety.

Do you need help with navigating your next steps? Your local Women’s Aid group in Scotland can help.

Find Your Nearest Women’s Aid Group »

If you’re thinking about leaving or have already separated from an abusive partner, it’s normal to feel unsure, especially about having the money and resources to support yourself. You might also be a victim of economic and financial abuse, where your partner or ex-partner has restricted and/or controlled your access to money and resources, such as housing, transport, employment and education.

People who are resident in Scotland have the right to apply for financial support (benefits, emergency funds, housing help) even if they’ve never claimed before.

What’s the Difference Between Economic Abuse and Financial Abuse?

To help you clarify if you are also a victim of economic and/or financial abuse, here are some definitions.

Financial Abuse
Someone controls your money, takes your wages or benefits, blocks your bank account, refuses to give you access to household finances, builds up debt in your name, insists you pay for all household and living costs, or refuses to contribute.

Economic Abuse
Economic abuse is more far-reaching than money. It is when a partner or ex-partner controls and undermines your economic resources, such as housing, clothing, transport, documents, employment, education and money.

Economic abuse prevents you from having the things you need to live, work, study and be independent.

This is domestic abuse, and you have a right to support.

The words economic and financial abuse are often used as if they mean the same thing, but they’re not the same.

Put simply, Financial abuse = control of your money.

Economic abuse = control of your money and your basic resources or opportunities to live freely.

Financial Help You Can Get in Scotland

Below are the main types of financial support available in Scotland to help you rebuild stability and independence after leaving an abusive partner.

See also Help available from the Department for Work and Pensions for people who are victims of domestic violence and abuse

Universal Credit

• Helps pay for living costs and rent
• Apply as a single person if you’ve separated
• Ask for a same-day advance payment if you’re in urgent need

Scottish Welfare Fund

• Crisis Grant: Emergency money if you’ve had to leave suddenly
• Community Care Grant: Help with costs like furniture or clothing after a move
  Apply through your local council

Child Benefit & Other Support

• You can apply for Child Benefit, even if you weren’t claiming before
• You may also be able to get:
  • Carer Support Payment
  • Disability Benefits if you or your child has additional needs

Jobseeker’s Allowance (JSA) – DV Easement

• This is being phased out as most people are now moved to Universal Credit, but it applies to those who are not yet migrated
• If you’re on JSA and have experienced abuse, you can take a break from job-hunting for up to 13 weeks
• You must tell Jobcentre staff, they’ll ask for evidence (like a note from a support worker)

See also Help available from the Department for Work and Pensions for people who are victims of domestic violence and abuse.

Remember: experiencing economic abuse does not take away your rights. You are entitled to apply for benefits, grants, and other forms of financial help in Scotland, regardless of whether you’ve claimed before. These supports exist to help you stay safe, regain control of your money, and move forward on your own terms.

For women who may not qualify for benefits, such as women with a certain amount of savings and women with No Recourse to Public Funds, other avenues of support are available. These can include solicitors, debt advisors, financial advisors, your bank or credit union.

If you are an immigrant or asylum seeker in the UK and your partner is abusive, you do have rights. Even if your partner says no one will help, support is available.

For Immigrants Experiencing Domestic Abuse

If you’re in Scotland on a visa linked to an abusive partner, you still have the right to leave the relationship and remain in the UK.

Your key rights include:

• If your visa depends on your relationship (e.g. spouse or partner visa), you can apply for:
  • Indefinite Leave to Remain (DV ILR) if your relationship ends due to domestic abuse.
  • Migrant Victims of Domestic Abuse Concession (MVDAC) – gives you 3 months of access to benefits and housing while your ILR application is processed.
• You do not need to stay with an abusive partner to protect your immigration status.
• You can apply even if:
  • You’ve left the shared home.
  • You do not have savings or access to money.
  • Your partner threatens to cancel your visa.

For Asylum Seekers Experiencing Domestic Abuse

If you’re seeking asylum in Scotland and experience domestic abuse, you have the right to protection and safe housing.

Your key rights include:

• You must be offered alternative safe accommodation by the Home Office, even if:
  • You are waiting for a decision on your asylum claim.
  • You are living in Home Office asylum accommodation.
  • You have No Recourse to Public Funds (NRPF).
• The Home Office has a legal duty to:
  • Provide alternative accommodation if you are at risk.
  • Move you (and your children) to a safe place.
  • Ensure you’re not forced to stay with your abuser.
  • Take your safety concerns seriously and act quickly.

You do not need to:

• Report to the police in order to get safe accommodation.
• Stay in shared asylum housing if your abuser is also placed there.
• Provide evidence straight away. your safety is the first priority.