As family lawyers we are regularly asked the question: Can I change the locks on my spouse? This is probably one of the most common questions I am asked when dealing with a client's separation or divorce.

The short answer is no. Regardless of whose name the property is in, each spouse has the right to occupy the property. These rights are known in Scots Law as 'occupancy rights'.

The only way to legally exclude your spouse from the family home is by

Do you need separation or divorce legal advice?

The recession has meant that many couples who are going through a separation or divorce cannot afford for one of them to move out of their matrimonial home. This situation is far from ideal and can cause conflict and tension within the household.

A question routinely asked by clients is "can they ask their spouse to move out of the matrimonial home?" The answer is yes but the spouse has to agree. This is because married couples

Occupancy Rights and the Matrimonial Home - legal advice following separation.

Many people are concerned about their occupancy rights, i.e. their right to remain in the matrimonial home.

• What legal rights do married people have to remain in their family home?
• Do they have to move out if asked to do so by their spouse?
• What if the property is owned in their spouse's sole name?

Do I have to move out of the property?

Where couples are married, a spouse is under no obligation