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Thank you for your question. I am a solicitor in Scotland. If your son and partner separated, she would derive occupancy rights in the house if she wasn’t named on the lease. Her occupancy rights would be automatic if they were married. If they were unmarried she could apply to the court for occupancy rights. So in a way she is better off (where the property is rented) because she still has rights to occupy the house as a spouse or partner but has no direct contractual relationship with the landlord. The landlord would have to go through the same procedure to evict a party with occupancy rights whether or not that person is a tenant. The law here is contained in the Matrimonial Homes (Family Protection) (Scotland) Act 1981. I hope that helps. Please leave a positive rating so that I am credited for my time.