Property and Family Home Solicitors in Scotland
Division of the family home is often one of the most significant aspects of a divorce or separation. Our experienced solicitors will help you understand your options and reach a resolution.
- Specialists in Scottish family law and divorce
- Fixed-fee consultations from £250+VAT
- Book a consultation today and take the first step towards your future
Advice on the family home whether you are deciding what to do, already living apart or facing a sale or transfer dispute.
The family home is often the most emotionally important and financially visible asset after separation. Questions can arise before anyone moves, after one person has left, when a sale or transfer is proposed, or because an existing agreement or order is not being implemented. The title tells us who owns the property, but it does not answer every family law question. A spouse or civil partner who is not an owner can have statutory occupancy rights, and the home can form part of the financial settlement even where it was acquired in one name.
We advise on immediate occupation, mortgage and household costs, valuation, sale, transfer, delayed implementation, enforcement and how the home fits within the wider division of property, pensions, savings and debts.
A team with extensive experience across the full range of family law.
Glasgow, Aberdeen and Edinburgh, with telephone and video appointments available throughout Scotland.
Focused advice from a family solicitor, followed by a written assessment and a tailored fee estimate.
A dedicated family law team handling everything from straightforward separation to complex financial and child law disputes.
How Do We Help With Property Matters on Divorce?
At Kee Solicitors, we advise on all aspects of property division when a relationship breaks down. Whether you are looking to remain in the family home, buy out your partner’s share, or agree a sale, our team helps you understand your options and reach a resolution that works for your circumstances.
Sale, transfer, buyout and continued occupation of the family home.
Common outcomes include sale and division of the net proceeds, transfer to one spouse with a balancing payment, or continued occupation for a defined period before sale. The correct option depends on legal entitlement, affordability, mortgage consent, the needs of children, the availability of other assets and the overall Scottish financial provision principles.
An agreement between spouses does not release either person from a joint mortgage. The lender must approve any transfer or refinance. We make sure the legal settlement and the practical funding arrangements work together, including the timing of discharge, transfer and payment. We also review existing agreements or court orders and deal with delayed sales, refinancing, transfer documents and balancing payments.
Where safety is an issue, an exclusion order or interdict may be available. Where one spouse refuses a reasonable sale or transfer, the court can make property and incidental orders as part of the divorce action. Advice should be taken before changing locks, stopping payments or disposing of an interest.
Unmarried cohabitants do not have the same automatic occupancy and financial rights as spouses. Title, contributions, any cohabitation agreement and the limited statutory claim available within one year of separation require separate analysis.
Our one-hour fixed-fee initial consultation costs £250 + VAT. You will receive focused advice from a family solicitor, a written assessment of your position and a tailored estimate for any further work.
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Frequently Asked Questions: Property and the Family Home in Scotland
Common questions about the family home and property rights in Scottish divorce cases.
Is the family home always divided equally?
Not necessarily. Its net value may form part of the matrimonial property subject to fair sharing, but the settlement is assessed as a whole. Ownership history, source of funds, special circumstances and the other statutory principles can affect the result.
Can I be forced to leave the family home?
A spouse or civil partner may have occupancy rights even if not on the title. Removal normally requires consent, a court order or another lawful basis. Where there is abuse or risk of harm, urgent protective and exclusion orders may be available.
What happens to the mortgage after separation?
The lender can continue to pursue everyone named on the mortgage until it is repaid or formally transferred. A family law agreement does not bind the lender. Any buyout should therefore be conditional on acceptable refinance or release arrangements.
What if my spouse refuses to sell?
We can negotiate a timetable and, where necessary, seek court orders for sale, transfer or related steps within the financial proceedings. The available order depends on ownership, the claims raised and the wider settlement.
Have I lost my rights if I moved out or my name is not on the title?
Not automatically. A spouse or civil partner may retain statutory occupancy rights and financial claims despite moving out or not being the registered owner. The practical consequences depend on the relationship, title, existing orders, payments and timing. Cohabitants have different and more limited protections, so the position should be checked rather than assumed.
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