More couples in Scotland live together without marrying than ever before, yet many do not realise how few legal rights cohabiting couples have. There is no such thing as common law marriage in Scotland, and if you separate, you do not have the same legal rights as married couples or civil partners.
A cohabitation agreement is a legal document, sometimes called a living together agreement, that sets out what you have agreed about your home, your money and your children, both while you live together and if the relationship ends. Our cohabitation solicitors in Glasgow draft clear, legally binding agreements for couples who are living together throughout Scotland.
Key points
- Living together does not give you the same legal rights as marriage or civil partnership, and common law marriage does not exist in Scotland.
- Without an agreement, a claim on separation must be made to the court within one year of the relationship ending, and the outcome is uncertain.
- A cohabitation agreement can set out who owns the home, how contributions are treated, and what happens to property if you separate.
- It is legally binding in Scotland and can be registered in the Books of Council and Session so that it can be enforced.
- Each partner should take independent legal advice before signing.
What legal rights does an unmarried or cohabiting couple have in Scotland?
Scotland gave cohabiting couples some limited rights in the Family Law (Scotland) Act 2006. Those rights are much narrower than the rights of married couples or civil partners:
- Household goods bought during the relationship are presumed to be owned equally, but other property generally belongs to whoever bought it or whose name it is in.
- Money saved from a housekeeping allowance, or property bought with it, is presumed to be shared equally.
- On separation, one partner can ask the court for a payment if they have been economically disadvantaged, and the other has gained, because of contributions made during the relationship. The claim must be made within one year of the day you stopped living together.
- On death, a surviving partner has no automatic right to inherit if there is no will, and must apply to the court within six months.
These rules are under review. The Scottish Government has consulted on reforming cohabitants' rights, with the consultation closing in April 2026, but none of the proposals are law yet, so the current rules still apply. Read more in our guide: what is a cohabitation claim?
Good to know: the one-year time limit for a claim on separation is strict. If your relationship has ended, seek legal advice as soon as you can.
Why get a cohabitation agreement in place?
A cohabitation agreement replaces uncertainty with clarity. Instead of relying on a court deciding what is fair years later, you decide now, while you are getting on well. It is particularly worth considering if:
- you plan to move in together, buy a home together, or move into a home your partner already owns;
- your financial contributions are unequal, for example one of you is paying more towards the deposit, the mortgage or renovations;
- one of you is giving up work or reducing hours to care for children;
- you have children together, or either of you has children from a previous relationship, a business, or significant savings or inheritance; or
- you want to protect what you each bring into the relationship.
What can a cohabitation agreement include?
Your home
Property ownership, including who owns what share, how the deposit and mortgage payments are treated, and what happens to the property if you separate.
Money and contributions
How household bills, joint accounts, savings and debts are handled while you live together.
Separate property
Property and assets either of you brought into the relationship, inherited or received as a gift, and how they are protected.
If you separate
How property is divided, how either of you can buy the other out, and whether any claim under the 2006 Act is excluded.
Children
Arrangements for children and how you will support them, recognising that the court can always look at what is best for a child.
Reviews
When the agreement should be reviewed, for example if you have a child, marry or buy another property.
A cohabitation agreement works best alongside a will, because it does not decide what happens when one of you dies. Our will solicitors can draft wills that match your agreement.
Are cohabitation agreements legally binding in Scotland?
Yes. A properly drafted cohabitation agreement is a legally binding contract under Scots law. It can be registered in the Books of Council and Session, held by the Registers of Scotland, which allows it to be enforced without first going to court. To make it as robust as possible, each partner should give full information about their finances and take independent legal advice before signing.
Much of what you read online about cohabitation agreements describes the law in England and Wales, which is different. Our solicitors advise on Scots law only, so you can be confident the agreement fits the rules that apply to you.
Drafting a cohabitation agreement: how our solicitors can help
- Free initial consultation We talk through your circumstances, what you each own and what you want the agreement to achieve.
- Disclosure You and your partner share details of your property, savings, debts and income, so the agreement is built on full information.
- Drafting We draft the agreement in clear language and explain each clause to you.
- Independent advice Your partner takes advice from their own solicitor, and any changes are agreed.
- Signing and registration You both sign, and we register the agreement so that it is enforceable.
What happens if you separate without an agreement?
Without a cohabitation agreement, property usually stays with the person who owns it, and a jointly owned home may need to be divided or sold. A partner who has lost out financially may be able to make a claim under the 2006 Act, but it must be raised within one year, the court has a wide discretion, and the result is hard to predict. If you have already separated, our separation agreement solicitors can help you agree terms, and our child law solicitors can help with arrangements for your children.
Moving in together or buying a home? Get clear advice from a family law solicitor in Glasgow. The first hour is free.
Book a free consultationWhy choose our cohabitation agreement solicitors?
- Scots law focus: we give expert legal advice on your legal rights as an unmarried couple under the law that actually applies in Scotland.
- Experience: our directors have 76 years of combined experience in legal services.
- Plain English: agreements you can understand, drafted to avoid cohabitation disputes later.
- Joined-up advice: our family law team can also help with wills, separation and wider family law matters.
