Section 25 of the Family Law (Scotland) Act 1985 sets out the rules about who owns household goods when questions of ownership arise during or after a marriage or civil partnership.
The law creates a presumption of equal ownership unless there is clear proof to the contrary.
The General Rule – Equal Shares
If there is any dispute about ownership of household goods bought before or during the marriage/civil partnership;
- The law presumes that each partner owns an equal share (50/50).
- This rule applies unless strong evidence proves otherwise.
What Does NOT Count as “Proof to the Contrary”?
Even if:
- One partner bought the item alone, or
- The partners paid for it in unequal shares,
That fact alone is not enough to prove unequal ownership.
The law treats such goods as jointly owned because they were acquired for the joint domestic life of the couple, regardless who paid for the items.
What Counts as “Household Goods”?
“Household goods” includes anything used in the family home for joint domestic purposes, such as:
- Furniture
- Kitchen items and appliances
- Decorative or ornamental goods
What is Excluded?
The law specifically excludes:
- Money or securities (e.g. savings, shares)
- Motor cars, caravans, or other vehicles
- Domestic animals (pets)
These are not treated as “household goods” for the purpose of equal ownership.
Why Does This Matter?
- Provides clarity and fairness when couples separate.
- Ensures disputes about everyday household items are resolved fairly and efficiently.
- Reflects the principle that marriage and civil partnership are shared economic partnerships, not just personal ones.
Key Takeaways for Couples
- Household goods bought before (in prospect of marriage) or during the marriage are presumed to be shared equally.
- Unequal financial contribution to the purchase does not matter.
- Certain assets (cars, money, pets) are excluded.
- The presumption can be overturned, but only with strong evidence (Special Circumstance arguments).
Ready to discuss your case?
Email XK Family Law Solicitors in Aberdeen at:
info@xksolicitors.co.uk
Our website articles are not legal advice. We accept no responsibility for use of this information.
For advice on your specific circumstances, contact XK Family Law Solicitors Aberdeen directly.