Cohabitant claims on separation
Unmarried couples who are living together in Scotland now have certain rights to make financial claims in the event of relationship breakdown.
In order to succeed in making a claim, you must be able to show that you have suffered an economic disadvantage in the interests of the other party, or any child of the relationship and/or the other party has derived an economic advantage from your contributions. For example, if a couple buy a property in joint names and one party contributes the whole of the deposit for that property then, upon separation, the party who contributed the deposit may have a financial claim against the other party. What’s crucial is that any such claim must be made within one year from the date of separation. It’s therefore important to seek legal advice at an early stage.
If you are considering moving in with your partner or even if you are already living together it may be worth considering entering into a cohabitation agreement in order to avoid any dispute over the financial matters in the event that you separate in the future.
Please contact a member of our expert team on 0131 226 6541 or 0141 332 5666 for advice on cohabitation and cohabitant claims on separation.
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