Cohabitation Agreement Lawyers
Glasgow, Scotland

At Miller Samuel Hill Brown, our cohabitation lawyers in Glasgow advise clients on cohabitation rights, financial claims following separation and cohabitation agreements designed to protect property, assets and financial interests.

What Is a Cohabitant Under Scottish Law?

Under Section 25 of the Family Law (Scotland) Act 2006, a cohabitant is defined as someone living with another person “as if they were husband and wife” or as civil partners.

When determining whether a couple qualifies as cohabitants, the court may consider factors including:

• The length of the relationship
• The nature of the relationship
• Financial arrangements between the parties
• Shared living arrangements
• Responsibility for children

Cohabiting relationships can involve significant financial and personal commitments, yet the legal protections available are more limited than those provided to married couples or civil partners.

Cohabitation Rights in Scotland

Cohabitants do not automatically acquire rights to property, pensions or financial support in the same way as spouses or civil partners.

In certain circumstances, one cohabitant may be able to make a financial claim against the other following separation where:

• One party has suffered economic disadvantage
• The other party has gained an economic advantage
• Financial contributions have not been fairly recognised
• One person has cared for children or the household at personal financial cost

These claims are highly fact-specific and subject to strict legal time limits.

Time Limits for Cohabitation Claims

Under Scottish law, a claim following the breakdown of a cohabiting relationship must normally be raised within one year of separation.

Missing this deadline can prevent a claim from proceeding, making it important to seek legal advice as early as possible following separation.

Our Glasgow cohabitation solicitors can assess your circumstances and advise whether you may have a valid claim under the Family Law (Scotland) Act 2006.

Cohabitation and Property Rights

Disputes often arise regarding ownership of property, financial contributions and household assets after a relationship ends.

Issues may involve:

• Jointly owned property
• Mortgage contributions
• Savings and investments
• Household bills and expenses
• Ownership of belongings
• Financial support provided during the relationship

Where there is disagreement about ownership or financial entitlement, legal advice can help clarify your position and protect your interests.

Cohabitation Agreements in Scotland

A Cohabitation Agreement is a legal agreement entered into by couples who live together or intend to move in together. The agreement sets out how finances, property and assets should be dealt with during the relationship and in the event of separation.

A properly drafted Cohabitation Agreement can help avoid uncertainty and future disputes by clearly recording each party’s intentions.

Cohabitation Agreements may cover:

• Ownership of property
• Mortgage and rent contributions
• Household expenses
• Savings and investments
• Responsibility for debts
• Arrangements if the relationship ends

These agreements can be particularly valuable where one party owns significant assets before moving in together.

Why Consider a Cohabitation Agreement?

Many couples assume they have “common law marriage” rights in Scotland. This is a common misconception. Scots law does not provide cohabitants with the same protections as married couples.

A Cohabitation Agreement can help:

• Protect assets acquired before the relationship
• Clarify financial responsibilities
• Reduce the risk of future disputes
• Provide certainty for both parties
• Protect business interests or inheritance assets
• Record intentions clearly in writing

Seeking legal advice before moving in together can provide long-term financial clarity and protection.

Cohabitation Rights Following Death

If a cohabiting partner dies without leaving a valid Will, the surviving partner may be entitled to make a claim against the deceased’s estate.

Claims by surviving cohabitants are subject to strict legal criteria and must usually be made within six months of the date of death.

The court may consider factors including:

• The length of the relationship
• Financial dependency
• Shared responsibilities
• The size and nature of the estate

Our solicitors can advise surviving partners on inheritance claims and cohabitation rights following bereavement.

Why Choose Miller Samuel Hill Brown?

Our Glasgow family law solicitors have extensive experience advising clients on cohabitation disputes, separation issues and cohabitation agreements throughout Scotland.

Clients choose our team for:

• Experienced Scottish family law solicitors
• Clear advice on cohabitation rights
• Practical and commercially focused solutions
• Sensitive and confidential support
• Expertise in property and financial disputes

We understand the personal and financial impact relationship disputes can have and provide clear, straightforward legal guidance at every stage.

Frequently Asked Questions