What is a Cohabitation Claim in Scotland?

If you are living with a partner in Scotland, you may assume you have the same legal protection as married couples or civil partners. That is not the case. This guide explains how cohabitation works under Scots law, when you can make a claim, and what steps you should take to protect your position.

What is cohabitation in Scotland?

Cohabitation in Scotland refers to a cohabiting relationship where you live together as a couple without marriage or civil partnership. A cohabitant does not have the same automatic rights as a spouse or civil partner.

Under the Family Law (Scotland) Act 2006, a cohabitant may still have certain rights. The court looks at the nature of your relationship, the period of cohabitation, and financial arrangements between you and your partner.

Do cohabitants have legal rights under Scottish law?

Cohabitation rights in Scotland are limited rights. Unlike married couples or civil partners, you do not gain automatic rights over property or finances.

Scottish law recognises that a cohabitant may have made contributions. This means you may have a right to claim financial provision if you have suffered economic disadvantage as a result of the relationship.

What is a cohabitation claim?

A cohabitation claim is a legal action you can take after a cohabiting relationship breaks down or when a partner dies. You may apply to the court for financial provision if there has been an economic advantage gained by one party.

The court may award a payment if you can show an imbalance, for example, where one partner benefited financially while the other carried an economic burden of caring.

When can you make a financial claim?

You can make a financial claim when cohabitation ends or on the death of one partner. This includes situations where your former partner owns the home or where you contributed to shared assets in the event of a separation.

You must apply to the court within strict time limits. For separation, you usually have one year from the date of separation. If your partner dies, you have six months from the date of death.

What happens if your partner dies?

If a partner dies intestate, meaning without a will, a surviving cohabitant may have a right to claim from the net intestate estate. This is set out under section 29 of the Act 2006.

The court will compare your position to that of a spouse or civil partner of the deceased. You may receive financial provision, but not more than a civil partner of the deceased would receive.

How does the sheriff court assess claims?

The sheriff court considers several factors. These include the economic advantage gained by one party, whether you suffered economic disadvantage as a result, and contributions made during the cohabiting relationship.

The court may also look at childcare, especially if you helped care for a child of the relationship. Each application to the court depends on its facts.

What is the role of a solicitor in cohabitation claims?

A solicitor explains your legal rights and helps you decide if you can make a claim. A family lawyer will guide you through the application to the court and gather evidence.

At SGT Law Firm, we give you clear legal advice and support you at every stage. Call 0141 266 0652 to talk through your situation.

Can a cohabitation agreement prevent disputes?

A cohabitation agreement acts as a legal contract that defines your rights and responsibilities. It can include property, finances, and arrangements if the relationship ends.

You can learn more about creating a cohabitation agreement in Scotland and how it protects your interests.

Do you need independent legal advice?

Yes. Independent legal advice confirms that your agreement is fair and enforceable. It also supports you if you face a dispute later on.

At SGT Law Firm, our family law team works with you to prepare or review your agreement. You can also check our Cohabitation Agreement Solicitors page for more personalised support.

Is legal aid available for cohabitation claims?

Your financial situation may allow you to access legal aid. The Scottish Legal Aid Board assess who qualifies, and we will help you review your options.