Cohabitation Solicitors Glasgow

Cohabitation lawyers in Glasgow

More couples in Scotland live together without marrying than ever before, yet there is no such thing as a common law husband or wife. Cohabitants do have some legal rights under the Family Law (Scotland) Act 2006, but they are much narrower than the rights of married couples and civil partners, and the time limits for using them are very short.

As a specialist family law firm, we advise cohabiting partners in Glasgow, Edinburgh, Dumfries and across Scotland, whether you are moving in together, buying a home, separating or dealing with the death of a partner. Our team of family law solicitors will explain where you stand and how to protect yourself and your children.

Married couples and cohabitants compared

Cohabitation agreements

A cohabitation agreement is a written contract between you and your partner. It sets out who owns what and what will happen to your home, money and belongings if you separate. It is the best way to avoid uncertainty and the cost of a dispute later. An agreement can cover:

• who owns the home and in what shares, especially if one of you paid more towards the deposit
• how the mortgage, rent and bills will be paid
• savings, investments, debts and joint bank accounts
• what happens to the home and belongings if you separate
• financial support for children

Once signed, a cohabitation agreement can be registered in the Books of Council and Session, which keeps it safe and makes it easier to enforce. It should be reviewed if your circumstances change, for example when you have a child, buy a new home or marry. If you do decide to marry, a prenuptial agreement can do a similar job. Read our guide on how to prepare a cohabitation agreement.

Your rights if you separate

If you were cohabitants and your relationship ends, either of you can apply to the court under section 28 of the 2006 Act. The court can order:

• a capital sum to make up for an economic disadvantage you suffered because of the relationship, or an economic advantage your partner gained, such as giving up work to care for children
• a payment towards the cost of caring for a child of you both who is under 16

The court decides whether you were cohabitants by looking at how long you lived together, the nature of the relationship and your financial arrangements. Any award is at the court’s discretion, and there is no automatic right to half of anything. Most importantly, the claim must be raised within one year of the day you stopped living together. If you miss that deadline, the right to claim is lost.

After a relationship breakdown, many couples settle these financial matters without going to court, through negotiation or family mediation, and record the outcome in a separation agreement.

Who owns the home and household goods?

For cohabitants, ownership of the home depends mainly on whose name is on the title deeds. If you own it jointly and cannot agree what to do, either of you can ask the court to order its sale. If it is in your partner’s sole name, your position can be much weaker, even if you contributed to the mortgage.

Household goods bought during the relationship, other than gifts or inheritances, are presumed to belong to you both equally. The same applies to money saved from a housekeeping allowance and anything bought with it. These presumptions can be overturned by evidence, which is another reason to take advice before you buy a home together.

If your partner dies

A cohabitant has no automatic right to inherit. If your partner made a will, you receive only what the will leaves you, and there is no claim against the estate. If your partner died without a will, you can apply to the court under section 29 of the 2006 Act for a share of the estate, but you must do so within six months of the death. The court has discretion, and you may receive less than a spouse would.

The simplest protection is for each of you to make a will. Read more about making a will and your rights if your partner dies without a will.

Children of cohabiting parents

Children have the same rights whether or not their parents are married. A father who is not married to the mother has parental rights and responsibilities if he is named on the birth certificate and the birth was registered in Scotland on or after 4 May 2006. If you separate, arrangements for where your children live and how they spend time with each parent are decided in the same way as for married parents. Read more about child law and child custody and contact.

Will the law change?

The Scottish Law Commission has recommended reforms to the rules for cohabitants, including more flexibility over the one year time limit. As of 2026, these recommendations are not yet law, so the current rules still apply, and the deadlines remain strict. Read our guide to cohabitation law in Scotland.

Why choose Simplicity Legal for cohabitation advice?

• Family law specialists who understand the 2006 Act and its limits
• Fast action when a time limit is close
• Practical agreements that reflect how you actually share your finances
• Plain English advice at every stage
• Regulated by the Law Society of Scotland

Contact our cohabitation solicitors in Glasgow

Whether you are moving in together, buying a home, separating or have lost a partner, seeking legal advice early gives you the most options. Call 0141 433 2626 or request a callback, and one of our family lawyers in Glasgow will be in touch. We also have offices in Edinburgh and Dumfries. Please note that we do not offer legal aid. Clarity Simplicity Ltd is regulated by the Law Society of Scotland for the legal services we provide. This advice does not apply to England and Wales.

Your cohabitation questions answered