Family Law

Cohabitation

The law in Scotland sets out rights for couples who live together (cohabit) rather than being married.

The law in some circumstances allows one party to make a claim upon the other

(a) if the relationship ends; or

(b) if one party dies without a Will and if the couple were cohabiting at the date of death.

There are very strict time limits about when these claims must be made:

• one year after the relationship ends to make a financial claim upon separation;
• six months from the date of death to make a claim on your partner’s estate if he or she dies.

If there is disagreement, the claim must be started in the court within the above time limits.

The law restricts what can be claimed. It is different from what can be claimed if the couple are married.