^{Cohabitation Solicitors in Aberdeen}

Unmarried Couples in Scotland.

At XK Family Law Solicitors Aberdeen, we offer expert legal advice and representation in all matters relating to cohabitation rights in Scotland. Whether you’re currently living with your partner or your relationship has ended, we can help you understand your rights, secure your position, and resolve any financial disputes fairly.

What Is a Cohabitant in Scotland?

Under the Family Law (Scotland) Act 2006 (“Act”), cohabitants are defined as a couple (opposite or same-sex) who live together as if they were married or in a civil partnership. The law provides certain rights and protections to cohabitants in longstanding and committed relationships – but these rights are not automatic and differ significantly from those of married couples.

Your Legal Rights as a Cohabitant

Where the Relationship Ends (Other than by Death)

You have twelve months from the date of separation to raise an action, have the action warranted and served. This is a strict deadline.

Under section 28 of the Act you may have a claim for:-

• Economic disadvantage suffered during the relationship (where your ex gained a financial advantage).
• Reimbursement for contributions (financial or non-financial) you made during the relationship.
• Compensation for the burden of childcare – the costs of child care following separation.
• A share in household goods, joint assets etc.
  
  For cohabitants – the normal rules of property apply to heritable property (i.e. your residence).

We can help you negotiate a settlement or raise a Section 28 action, ensuring all paperwork is properly prepared, lodged, warranted, and served within the strict twelve-month deadline.

When a Cohabitant Dies Without a Will

If your partner has passed away without a will and you lived together in Scotland at the time of their death, you may be able to make a claim under Section 29 of the Act for:-

• A capital sum from their estate.
• A transfer of property (e.g. the family home).

This claim must be warranted and served within six months of the date of the death of your partner. The court may award you up to the equivalent of what a spouse or civil partner would have received, but not more than.

Do Unmarried Partners Have Property Rights?

Cohabitants do not automatically gain any legal right to heritable property (such as a house) just by living in it. However, if you’ve made substantial financial or non-financial contributions to the property (e.g. renovations or improvements), this may support a financial claim under the “economic advantage/economic disadvantage” principle.

We can advise on whether you may be entitled to a share in:

• Savings or investments.
• Household goods.
• Contributions toward mortgages or bills.

Occupancy Rights for Cohabitants

If you are not named on the title deed or lease but live in a shared home, you may still be able to apply for occupancy rights under the Matrimonial Homes (Family Protection) (Scotland) Act 1981.

A non-entitled cohabitant can apply to the sheriff court for occupancy rights, which can:

• Allow you to remain in the home for an initial period of six months (renewable every six months).
• Grant use of the furniture and contents in the home.
• Prevent your ex from selling or disposing of the property.
• Provide interdicts (court orders) to protect you from being harassed or subjected to abuse.

Children may also apply for occupancy rights where appropriate.

Why Choose XK Family Law Solicitors Aberdeen?

• Expert knowledge of cohabitation law in Scotland.
• Prompt action on time-sensitive claims under Section 28 and 29.
• Experienced with occupancy rights and property disputes.
• Compassionate, tailored legal advice for unmarried couples.
• Based in Aberdeen, serving clients throughout Aberdeenshire and the North East.

Need Help with a Cohabitation Dispute or Claim?

Contact XK Family Law Solicitors Aberdeen today for specialist advice on your rights as a cohabitant. We offer clear guidance, practical solutions, and strong representation when it matters most.

Frequently Asked Questions

1. What legal rights do cohabitants have in Scotland?
Cohabitants have limited rights under the Family Law (Scotland) Act 2006. You may claim for financial loss or economic disadvantage after separation or death.

2. Can I claim ownership of part of the house if I lived with my partner?
Not automatically. But if you made financial or non-financial contributions (e.g. improvements), you may have a claim under economic advantage / disadvantage principles.

3. How long do I have to make a cohabitation claim in Scotland?
You have 12 months to raise a claim (and have it served) after separation, or 6 months if your partner has died. These deadlines are strict and cannot be extended. The s.28 cohabitation action must be raised, warranted and served with in the time period.

4. Can I stay in the house if my name is not on the title sheet (deed) or lease?
Possibly. You may apply to the court for occupancy rights under the Matrimonial Homes Act, allowing you to stay in the property and protect your interests.

5. What if my partner dies without a will and we weren’t married?
You may raise a Section 29 claim within 6 months for a capital sum or property transfer. The court will assess the nature of your relationship and financial needs.

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XK Family Law Solicitors Aberdeen – Specialist Cohabitation Lawyers and Partnership Lawyers in Aberdeen.