Cohabitation

Based in Edinburgh, our family law solicitors provide specialist legal advice on the law relating to cohabitation (i.e. couples living together) in Scotland.

Cohabitation Legal Advice Edinburgh

The law was altered in 2006 when The Family Law (Scotland) Act came into force, which made a number of significant changes in the law relating to divorce, separation and family life in general.

Among these is the ability for co-habitees to make a claim against their partner within a year of splitting up if they feel that they have been financially disadvantaged as a result of their separation.

The law also enables a co-habitee to claim for a share of their partner's estate in the event of their death - although any such claim needs to be made within 6 months.

Where a couple of the same sex or opposite sex live together, then anything which they acquire during that time, apart from money, cars, pets gifts or items which are inherited, will belong to them equally.

The law also now states that where any money is saved from housekeeping, or if property is bought from housekeeping money, regardless of who provided the money, cohabitants have equal right to share in that money or what has been purchased with it, apart from the home they live in.

If a couple split up, therefore, either one can apply to the court for up to a year afterwards for an order to pay a sum of money by way of compensation for the cohabitant who considers they have lost out financially.

The court would look at all the circumstances including whether the person applying to the court has suffered economic disadvantage, usually loss of earning capacity, capital etc and whether the other party has benefited from the other's contributions e.g. looking after the couple's children.

Co-habitees should remember that they can also make a claim in the event of their partner's death - if their co-habiting partner did not make a Will.

Contact our family law solicitors today

For specialist advice from our family solicitors regarding cohabitation or any other aspects of family law in Scotland, please click here telephone 0131 208 2260 today.