Many people think that married couples and cohabiting couples have the same rights in Scotland but in fact cohabitants rights are much more restricted.
Here are four key legal concepts that cohabiting couples should be aware of:-
- Household goods are presumed to be owned equally by the parties to a cohabitation. If that is not the case and the item belongs only to you, you have to prove that. This presumption does not apply to money, savings or household pets which belong to whoever owns them.
- If cohabitants have a joint account for household spending, the funds in that account and anything bought using them, are jointly owned.
- If one party can show that they have had an economic disadvantage from the relationship, they can make a claim against the other on separation based on that economic disadvantage. Similarly, if one party can show they advantaged the other, they can make a claim based on that, on separation. It is difficult to work out how much these claims on separation might be as there is no formula or figures to work this out. It will depend on the specific facts and circumstances of the case. The most common example of a disadvantage would be one party giving up a career to move and live with the other one or to care for a child. The most important thing to remember about making a financial claim as a result of separation in a cohabiting relationship is that it must be made within twelve months of separation.
- If one of a cohabiting couple dies, the other can make a claim on their estate. This will be capped at the level a spouse would receive if their spouse had died intestate. This type of claim is only available if there is no Will and it must be made within 6 months of death.
Every cohabiting relationship is different, and understanding your rights can be complex. If you have questions about your own circumstances, our Family Law team can provide specialist advice tailored to your situation.
