Matrimonial Homes (Family Protection) (Scotland) Act 1981

1 Right of spouse without title to occupy matrimonial home

(1) Where, apart from the provisions of this Act, one spouse is entitled, or permitted by a third party, to occupy a matrimonial home (an " entitled spouse ") and the other spouse is not so entitled or permitted (a "non-entitled spouse"), the non-entitled spouse shall, subject to the provisions of this Act, have the following rights—

(a) if in occupation, a right not to be excluded from the matrimonial home or any part of it by the entitled spouse;

(b) if not in occupation, a right to enter into and occupy the matrimonial home.

(2) In subsection (1) above, an "entitled spouse" includes a spouse who is entitled, or permitted by a third party, to occupy a matrimonial home along with an individual who is not the other spouse only if that individual has waived his or her right of occupation in favour of the spouse so entitled or permitted.

(3) If the entitled spouse refuses to allow the non-entitled spouse to exercise the right conferred by subsection (1)(b) above, the non-entitled spouse may exercise that right only with the leave of the court under section 3(3) or (4) of this Act.

(4) In this Act, the rights mentioned in paragraphs (a) and (b) of subsection (1) above are referred to as occupancy rights.

(5) A non-entitled spouse may renounce in writing his or her occupancy rights only—

(a) in a particular matrimonial home ; or

(b) in a particular property which it is intended by the spouses will become a matrimonial home.

(6) A renunciation under subsection (5) above shall have effect only if at the time of making the renunciation, the non-entitled spouse has sworn or affirmed before a notary public that it was made freely and without coercion of any kind.