Do Unmarried Couples Have Rights in Scotland?

In Scotland, many couples choose to live together without getting married or entering a civil partnership. This type of relationship is known as cohabitation. While cohabiting couples don’t have the same legal rights as married couples, they do have some protections under Scottish law – but these are limited and often misunderstood.

This article explains what rights cohabiting couples have in Scotland, what happens if the relationship breaks down or one partner dies, and how to protect yourself with proper planning.

What Does “Cohabiting” Mean?

Under the Family Law (Scotland) Act 2006, you are considered “cohabitants” if you live together as if you were married or in a civil partnership.

When deciding whether a couple counts as cohabitants, the court looks at:

• How long you’ve lived together – The longer the relationship, the stronger the argument that you are cohabitants.
• The nature of your relationship – For example, whether you present yourselves as a couple, share finances, or socialise together as partners.
• Financial arrangements – Whether you share bills, own property together, or contribute to household expenses.

This definition gives the courts flexibility, but it can also make things uncertain. Every case depends on its own facts.

Rights During the Relationship

Cohabiting couples do not have the same legal rights as married couples during the relationship. Some key points:

• Property ownership – Each partner owns what is in their own name. If you buy a house together, make sure both names are on the title deeds if you want to share ownership.
• Money and debts – There is no automatic sharing of income or responsibility for debts. You are only responsible for debts in your own name (unless you have a joint loan or account).
• Household goods – If you separate, household goods (like furniture) are presumed to be owned equally unless you can prove otherwise.

These distinctions can cause problems later, especially if one person contributes financially but is not named upon any documents.

What Happens If You Separate?

When cohabiting couples separate, they do not have the same rights to financial support or property division as divorcing couples – but Section 28 of the Family Law (Scotland) Act 2006 allows limited financial claims.

If you separate, you can apply to the court for:

• A financial payment – You can ask for money if you can show you suffered economic disadvantage as a result of the relationship (for example, giving up work to care for children) or that your partner gained an advantage (such as you paying more than your share towards a home).
• A financial payment for the “economic burden of caring” for any children of the relationship.
• A share of property – You may be entitled to a payment if you contributed to the purchase or improvement of your partner’s property.
• Household goods and money in joint accounts – These may be divided equally unless one partner can show that they paid more.

The court must, when making any order, have regard to the extent to which any economic advantage derived by the other party from your contributions is offset by any economic disadvantage suffered by them and to the extent any economic disadvantage suffered by you is offset by any economic advantage you have derived from the other party.

However, you must act quickly – any claim must be raised and served within one year of separation. After that, your right to claim is lost.

What Happens If One Partner Dies?

If a cohabitant dies without leaving a Will, their surviving partner does not automatically inherit their estate. However, the surviving partner can make a claim under Section 29 of the Family Law (Scotland) Act 2006 for a share of the estate if the cohabitant dies intestate and immediately before the death the deceased was domiciled in Scotland and cohabiting with another cohabitant..

The court can award:

• A share of the deceased’s estate – This might include property, money, or possessions.
• Financial provision similar to a spouse or civil partner, but it’s never guaranteed and is limited to what the court thinks is fair.
• The court will take into account the size, nature of the deceased’s net intestate estate , any benefit received or to be received by the survivor, the nature and extent of any other rights against or claims on the deceased’s net intestate estate and any other matter the court considers appropriate.

Important points to remember:

• You only have six months from the date of death to make a claim.
• If the deceased had a Will, the cohabitant cannot claim under the Act – their rights depend entirely on what the Will says.
• Claims are often complex and expensive to prove, especially if the relationship wasn’t long-term or well-documented.

For this reason, it’s always best to make a Will if you want to provide for your partner.

Children of Unmarried Couples

Being unmarried doesn’t affect your rights and responsibilities as parents, but there are some differences for fathers.

• Parental responsibilities and rights (PRRs) – If both parents are named on the child’s birth certificate (for births registered after 4 May 2006), both have PRRs automatically.
• If the father isn’t named he can get PRRs either by agreement with the mother or by applying to the court.
• Child maintenance – Both parents have a legal duty to support their children, regardless of whether they are married. The Child Maintenance Service can calculate and enforce payments if necessary.
• Contact and residence – If parents separate, arrangements for where the child lives and how often each parent sees the child can be agreed informally or through the court if needed.

Protecting Your Rights

Because cohabitation rights are limited, the best protection comes from planning ahead.

Here are practical steps to consider:

• Cohabitation Agreement
  This is a written agreement setting out what happens if you separate – for example, how property and finances will be divided, or who keeps certain items. It can prevent disputes later and provide peace of mind.
• Make a Will
  Without a Will, your partner may get nothing if you die. A simple Will ensures your wishes are clear and your partner is protected.
• Check property ownership
  Make sure both names are on the title deeds if you intend to share ownership, or have a written record of any contributions you make.
• Keep records
  If you pay towards household costs, renovations, or a mortgage, keep proof of your contributions – this can help if you ever need to make a financial claim.
• Review your finances
  Check insurance policies, pensions, and death-in-service benefits. You may be able to name your partner as a beneficiary.

In Summary

Unmarried couples in Scotland do have some rights, but these are far more limited than those of married couples or civil partners. The law provides some protection when relationships end or a partner dies, but strict time limits and uncertainty often make claims difficult.

The safest approach is to plan ahead — by making a cohabitation agreement and writing a Will, you can protect yourself and your partner from costly disputes later on.

For tailored legal guidance, please contact our experienced Family Law solicitors on 01259 723 201 or contact help@randa-fa.co.uk and we would be delighted to assist.