Many couples in Scotland now choose to live together without getting married, but the legal rights of unmarried couples are often misunderstood. For most people, the biggest surprise is that cohabiting does come with some protection in law, but it is far from the same as being a married couple or in a civil partnership. This article is worth reading if you are living with your partner, thinking about moving in together, or separating, and want a clear, human explanation of where you actually stand and how Family Lawyers Glasgow can help you protect yourself in a calm, practical way.
Are cohabiting couples in Scotland protected by law?
Cohabitation in Scotland is recognised in specific ways under family law, but it does not create automatic legal rights in the same way as marriage or civil partnership. In simple terms, a cohabiting relationship gives some rights or claims around money and property, but only in limited situations and often only if you apply to the court within strict time limits.
Under Scots law, there is no such thing as “common law marriage” that gives you full rights as a married couple just because you have lived together for a long time. Many couples assume they have automatic legal rights simply because they live together and have children together, but that assumption can be a real problem when the relationship breaks down or one partner dies. This is where speaking to a family law solicitor at Family Lawyers Glasgow can help you understand your legal position before difficulties arise.
What does ‘cohabitant’ actually mean under Scottish law?
In Scottish law, a cohabitant is more than just someone you live with; the court will look at whether you live together as if you were a married couple or civil partners. The court will consider factors such as how long you have lived together, the nature of your relationship, and how you organise your finances to decide if you are a cohabiting partner in the legal sense.
This means not every couple who live together will automatically be treated as cohabitants for family law purposes. If one partner sees the relationship as more casual and the other thinks they are effectively “married or in a civil” type situation, there can be a painful gap in expectations if things go wrong. Getting early legal advice from an experienced family law solicitor at Family Lawyers Glasgow can give clarity and avoid relying on assumptions.
Is ‘common law marriage’ a real thing in Scotland?
You may have heard people talk about “common law” or “common law marriage” as if living together for a set number of years gives you the same rights as a spouse or civil partner of the deceased. In Scotland, that simply is not the case, and relying on this idea can leave a cohabitant badly exposed if the relationship ends.
While cohabitation law in Scotland does offer some protection to a surviving cohabitant or someone separating, those protections are narrower than the rights of married couples or civil partners. The law in Scotland around cohabitation offers targeted remedies, not a blanket upgrade to full marriage-style status, so it is important to understand where you are protected and where you are not.
How does property work when you live together?
Property rights can be particularly complicated when the home is owned by one partner, and this often comes as a surprise to cohabiting couples in Scotland. Unlike married couples or civil partners, there is no automatic sharing of the house or other assets simply because you live together for a long period.
That said, family law does recognise that many couples share expenses and contribute in different ways, and that one cohabitant may have suffered an economic disadvantage while the other has had an economic advantage from the way you arranged your lives. In some cases, a cohabitant can make a financial claim when the property is sold or when the relationship breaks down, but the rules are technical, and a solicitor at Family Lawyers Glasgow can help you understand whether the court will consider your contributions as giving you any rights to stay or to seek financial provision.
What happens to money and financial provision if you separate?
When cohabiting couples separate, there is a specific right to claim under section 29 of the Family Law (Scotland) Act 2006, sometimes shortened to section 29 of the Family Law or 29 of the Act. This allows a former partner to apply to the court for financial provision if they have suffered an economic disadvantage or the other has gained an economic advantage as a result of the cohabiting relationship.
Crucially, you must apply to the court for financial provision within a strict period upon separation, and missing that deadline can mean losing your right to claim altogether. In many cases, entering into a cohabitation agreement or, later, a separation agreement can set out how property is sold and how financial arrangements will work in the event of separation, which can be far less stressful than leaving everything to a court after the event. A family lawyer at Family Lawyers Glasgow can guide you through these options in a practical, down‑to‑earth way.
Can a cohabitant inherit if their partner dies?
One of the hardest situations is when a partner dies, and the surviving cohabitant finds out they do not have automatic inheritance rights. If a partner passes away without a valid will, a surviving cohabitant does not inherit in the same way as a spouse or civil partner, although they may have a right to claim from the estate under the 2006 Act within a set time from the date of death.
The court will consider the nature of the cohabiting relationship, how long you lived together and how intertwined your lives were when deciding what, if anything, you should receive. Because these rules are complex and the time limits are tight, many couples choose to take legal advice about wills, pensions and inheritance rights before anything happens. Family Lawyers Glasgow’s experienced family law solicitors regularly help clients avoid the distress of trying to make a claim during grief by planning.
Do cohabitants have occupancy rights and rights to stay in the home?
Occupancy rights are another area where rights for unmarried couples can feel confusing. In some circumstances, a cohabitant can obtain rights to stay in a home even if the property is owned by one partner, but again, this is not automatic and may require an application to the court.
If your cohabiting partner asks you to leave or there are safety concerns, you may need urgent advice about occupancy rights and legal protection to stay in the home, especially if there is a child of the relationship. A member of the family law team at Family Lawyers Glasgow can explain in plain language what the law in Scotland allows in your situation and whether cohabitation offers any realistic security over where you live.
What is a cohabitation agreement and do we really need one?
A cohabitation agreement is a formal agreement between partners who live together that sets out their rights and responsibilities during the relationship and in the event of a separation. For many couples, especially where one partner owns the house, or there is a big difference in income or pension provision, drafting a cohabitation agreement provides peace of mind and clarity.
Entering into a cohabitation agreement does not mean you expect the relationship to fail; it simply recognises that life is unpredictable and that cohabitation rights are more limited than those of married couples or civil partners. Family Lawyers Glasgow can assist with drafting a cohabitation agreement that reflects your real life, your financial provision, and how you would like things to work if the relationship breaks down, rather than leaving everything to chance.
How do children fit into the legal picture?
When there is a child of the relationship, the focus under family law is on the child’s welfare rather than the label on the adults’ relationship. Whether you are married, in a civil partnership or cohabiting, issues such as residence, contact and child maintenance are dealt with separately from the rights as a cohabitant.
That said, the practical reality is that cohabiting couples often need to resolve both child issues and financial issues at the same time when the relationship breaks down. Having an experienced family law solicitor from Family Lawyers Glasgow supporting you can help keep the process as steady as possible so that decisions are made with the child’s interests at heart while still addressing your own financial needs.
What about pensions and other longer‑term finances?
Pensions are often one of the biggest assets in a long relationship, but cohabitation rights around pensions are more limited than many people expect. A cohabiting cohabitant will not automatically share a partner’s pension in the same way as married couples or civil partners might if they separate or if one partner dies.
In some situations, you may be able to make a financial claim linked to economic disadvantage or economic advantage, but this is not the same as having automatic legal rights to a share of the pension pot. Because the rules can be technical and involve both family law and pension scheme regulations, it is sensible to seek legal advice early if you are domiciled in Scotland and have built up significant assets while you live with your partner. Family Lawyers Glasgow can work with you and, where needed, financial advisers to understand your options.
When should you speak to a family law solicitor about cohabitation?
Moving in with your partner is usually an emotional and practical decision, not a legal one, but that does not mean you need to ignore the law entirely. Many couples come to Family Lawyers Glasgow for early legal advice before moving in together or shortly afterwards, simply to understand their rights as a cohabitant and decide whether a cohabitation agreement would be sensible.
If the relationship breaks down or your partner dies, the time limits to apply to the court can be short, particularly if you wish to claim financial provision or inheritance rights. Talking to a family law solicitor at Family Lawyers Glasgow as soon as possible can protect your right to claim and ensure that any cohabitation disputes are handled calmly and professionally.
How can Family Lawyers Glasgow support cohabiting couples in Scotland?
Family Lawyers Glasgow is a Glasgow‑based firm with a strong focus on family law and cohabitation in Scotland, advising clients across the country. The team includes experienced family law solicitors who regularly help cohabiting couples in Scotland understand their rights and responsibilities, from drafting a cohabitation agreement to dealing with separation, property and inheritance.
If you have questions about your rights as a cohabitant, or you are worried that cohabitation law might not give you enough legal protection, a short conversation with a solicitor can make a real difference. You do not need to wait until an event of a separation or a crisis; Family Lawyers Glasgow is used to offering steady, pragmatic guidance well before matters reach the court for financial provision, and can also point you towards resources if helpful in your situation.
Key points to remember
- Cohabitation in Scotland is recognised in law, but cohabitation rights are narrower than rights as married couples or civil partners, and there is no automatic “common law marriage”.
- A cohabitation agreement or separation agreement can give clear rules about financial provision, property rights and what happens if the relationship breaks down.
- A surviving cohabitant may have a right to claim after a partner dies, but this is not automatic, and strict time limits apply from the date of death.
- Issues such as occupancy rights, rights to stay in the home and inheritance rights are often more fragile for unmarried couples in Scotland than people expect.
- Family Lawyers Glasgow’s experienced family law solicitors can help you understand your legal rights and responsibilities, seek legal advice at an early stage, and apply to the court where necessary to protect your position.
