What procedures are in place to ensure that sheriffs and courts have the powers and guidance necessary to override property title issues in…

Under section 2 of the Judiciary and Courts (Scotland) Act 2008, the Lord President as head of the Scottish judiciary is responsible for "making and maintaining appropriate arrangements for the welfare, training and guidance of judicial office holders". Training is delivered through the Judicial Institute, under the direction of the Lord President.It is for a court to reach a view about the appropriate terms of an order in a particular case based on the existing law and the facts and evidence before them.There are protection measures available to a person at risk of future abuse by application to a civil court. These include an exclusion order to suspend the legal right of a spouse or civil partner and in some cases, a cohabitant, to live in the family home, for the duration the order is in place. Other conditions can be requested, including preventing a spouse or civil partner from coming within a certain distance of the home, or preventing the removal of any items from the home.An exclusion order is temporary. It will end, for example, when a married couple divorce or when a civil partnership ends. An exclusion order does not affect who owns or tenants the home, nor prohibits future transactions with the property. Before applying to the court for an exclusion order, the person at risk must have the legal right to live in the family home, either as an owner or tenant or because they have occupancy rights as the spouse or civil partner of person who is so entitled. A non-entitled cohabitant can apply to the civil court for occupancy rights and seek an exclusion order.The Scottish Law Commission are working on a project at the moment on civil remedies against domestic abuse: Scottish Law Commission :: Aspects of family law