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I have researched this and it seems same in Scotland as far as i can see. Check shelter website. It says that if you are joint owner and registered on deeds then you have joint occupancy rights unless a court orders otherwise - nothing about time you have not lived there, I think that is more to do with couples where only one is sole owner/on deeds etc. You both took out mortgage with lender and signed agreement, you are both liable for mortgage and unless a court says otherwise you are entitled to live there. Unless there was violence a court can even order that a couple live under the same roof with agreement on who uses certain parts of house until divorce. It then decides who has occupancy or is sold and so on. If the time frame was true how can people say go abroad for a few years and then return to their home?
You have legal right the same as she has unless she as a court order.
Regards Blue x
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