If your ex-partner’s name is on the tenancy, you can only stay there while you’re married or civil partners.
If your tenancy allows it and your ex-partner agrees to sign over the tenancy, contact your social landlord to find out what you need to do.
If a court orders the transfer of a tenancy, a social landlord must allow this.
If your ex-partner’s name is on a secure or short secure tenancy, they can pass it onto anyone who has lived with them and used the property as their main home for the past six months or more.
They need to write to the landlord and ask their permission, but they can’t generally refuse.
If the landlord refuses, and your ex-partner has a secure tenancy, they can appeal the decision in the Sheriff Court. If your ex-partner doesn’t have that type of tenancy, unless a court orders the tenancy to be transferred from their name to yours, you have no right to stay in the property after your divorce or dissolution has been finalised.