Inside the gender gap in Scottish property ownership

Dr Temitope Omotola Odusanya explores historical and contemporary perspectives, and highlights the continuing struggle for equality in property ownership in Scotland. 

Historically, property ownership has been a powerful symbol of wealth, security and independence. Yet, in many parts of the world, including Scotland, women have long faced significant barriers to acquiring and controlling property. Although much progress has been made over the years, the gender gap in property ownership remains an issue, raising important questions about equality in both historical and contemporary contexts.

In Scotland, like much of the world, the legal system historically limited women’s rights to own and manage property. Before the 19th century, women were often considered dependents of their male relatives, whether fathers, brothers or husbands, under a patriarchal legal framework. Married women, in particular, had few property rights, as their assets were often transferred to their husbands upon marriage under a doctrine known as coverture. This doctrine rendered married women “civilly dead” in terms of property ownership, making it impossible for them to enter contracts or own land in their name. The Married Women’s Property (Scotland) Act 1881, as it was originally enacted, marked a fundamental moment in Scottish legal history. This Act granted married women the right to own property independently of their husbands. It further represented the first legislative step toward recognising women’s economic activity, although it took decades for women to achieve anything close to equal status in property ownership.

The 20th century witnessed a gradual suppression of the legal and social structures that restricted women’s property rights. Major legislative reforms, including the Equal Pay Act 1970 and the Sex Discrimination Act 1975, fostered a more equitable environment for women in Scotland’s property market. Additionally, educational opportunities and workforce participation significantly increased women’s access to financial independence, enabling more women to purchase property.

In more recent years, property law reforms, such as those addressing cohabitation and divorce, have further protected women’s property rights. Under the Family Law (Scotland) Act 2006, cohabiting couples gained legal protections in terms of property division, addressing a gap in property rights for unmarried women in long-term relationships. Meanwhile, changes in divorce laws have attempted to account for the economic disadvantages women often face when marriages end, especially when their careers have been sacrificed for family responsibilities. However, these advancements have not eradicated the gender disparity in property ownership.

Despite progress, data shows that gender inequality in property ownership persists in Scotland today. According to recent studies, women are less likely than men to own homes or investment properties, and when they do, their properties tend to be smaller or lower in value. Several factors contribute to this ongoing disparity, including wage gaps, caregiving responsibilities and uneven access to financial resources. Women, especially single mothers, are disproportionately affected by Scotland’s housing affordability crisis, struggling more than their male counterparts to secure property. This is exacerbated by the persistent gender pay gap, which limits women’s purchasing power. Additionally, women are more likely to take on caregiving roles, which can limit their ability to save for property investments or enter the market at the same time as men.

While Scotland has made considerable strides toward gender equality in property ownership, more work remains to be done. Addressing the wage gap is crucial, as economic independence is a foundational element of property acquisition. There also needs to be greater awareness of gender biases in the housing market, such as lending practices that might disadvantage women or fail to consider the financial dynamics of female-led households. Moreover, policies aimed at improving housing affordability, particularly for women in low-income brackets or single-parent households, could play a pivotal role in reducing the gender gap. Scotland could also look to other countries that have implemented successful gender-sensitive property reforms, offering innovative solutions that promote equality in property ownership.

Scotland’s journey toward closing the gender gap in property ownership mirrors the struggles faced by women worldwide. While legal reforms have paved the way for greater gender parity, the structural economic and social barriers that women face remain an ongoing challenge. The Scottish experience provides valuable lessons for other nations grappling with gender inequality in property ownership. It highlights the importance of legal reform, economic empowerment and public awareness in ensuring that women have equal opportunities to own and control property. Only by addressing these issues comprehensively can we hope to achieve true gender parity in property ownership, both in Scotland and beyond.

This exploration of Scotland’s gender gap in property ownership highlights the continuing struggle for equality. While significant strides have been made, the journey toward gender parity is far from complete. By addressing both historical injustices and contemporary challenges, we can create a more equitable future where property ownership is no longer a symbol of gender inequality, but a shared opportunity for all.

Written by Dr Temitope Omotola Odusanya, Esq, ACG, Lecturer (Assistant Professor) in Law and LLM (Master of Laws) Programme Lead at Robert Gordon University, Aberdeen. Email: t.odusanya@rgu.ac.uk; ORCID: 0000-0001-7782-265X