Your local council office can advise you about your housing options and how to prevent you and your children from becoming homeless.
If you are married and wish to stay in your own home, or in a civil partnership you automatically have occupancy rights. Your spouse cannot put you out of the house or refuse to let you in. They also can't sell, give up, or transfer the tenancy without your written agreement.
If you are not married or in a civil partnership, you only have automatic occupancy rights if you are the sole or joint owner or tenant of your home.
If you have occupancy rights, you can have your partner removed from your home.
If you wish to leave your home because of domestic abuse, you have a right to temporary accommodation and to permanent housing from your local council. You can also move to another council area if it is not safe for you to stay in your own area.
You may be able to claim benefits, if you have separated from your partner and have no money or income of your own, such as Universal Credit, Housing Benefit or Child Benefit.
In an emergency you may also be able to get a Crisis Grant from the Scottish Welfare Fund.
Housing benefit can be paid for two homes if you’ve left your home because of domestic abuse. You can get housing benefit on your home and in your temporary housing. If you are away from your home temporarily (and you intend to go back) you can get it for up to 52 weeks.
For legal advice you need to contact a solicitor who is experienced in family law. If you are on a low income, you can apply for legal aid to pay some or all of the costs.
Actions a solicitor can help with Exclusion Order to remove your partner from the family home Interdict to prevent your partner / ex-partner from approaching or contacting you
If you are considering any of these actions, it can be useful to gather evidence about what has been happening, for example text messages, voicemails, emails, witness statements or medical notes.
If you are an immigrant, asylum seeker, or have come to the UK on a spouse or partner visa and you are experiencing domestic violence, the following agencies can help:
The Disclosure Scheme for Domestic Abuse Scotland (DSDAS) gives people the right to ask about the background of their partner. It also allows concerned relatives and friends, the right to ask about someone’s partner. They can ask if they have been abusive in the past. DSDAS also gives Police Scotland the power to tell people that they may be at risk. This information can be given if it is not asked for. Where we have information that a person may be at harm of domestic abuse by their partner, we have the power to tell them.