You’re sharing a flat, maybe a mortgage, perhaps even children. You’ve built a life together, just without a wedding. In Scotland, this is increasingly common. But when it comes to your legal rights, cohabiting doesn’t always mean protected.
Some legal cover exists, yes, but it doesn’t go as far as many people think. Knowing where things stand legally could make all the difference down the road, especially if the unexpected happens.
What Does Cohabiting Mean in the Eyes of the Law?
If you and your partner live together in a relationship that resembles marriage or a civil partnership, without officially registering it, the law may consider you cohabitants. You don’t need to hit a specific number of years. It’s more about how you live, sharing finances, supporting one another, being viewed by others as a couple.
This definition comes from the Family Law (Scotland) Act 2006. It introduced limited rights for cohabiting partners, but the keyword there is “limited.” It’s a different legal status than marriage.
There’s No Such Thing as “Common Law Marriage”
Many assume that if you’ve lived with someone long enough, the law treats you like spouses. That’s not true in Scotland.
No matter how long you’ve been together or how deep the commitment feels, the law won’t view you as married unless you’ve made it official. This can lead to real problems, especially when a relationship ends or one partner dies without leaving a will.
If You Split Up
You might think you’d automatically get a fair share of everything. That’s not how it works. If you separate, you have one year to ask the court for financial provision. After that, the window closes.
Courts can look at how you contributed, whether you put money toward a mortgage or stayed home to look after children while your partner worked. If it seems one person gained more than the other, the court may award compensation.
There’s no formula. It’s case by case. And there’s no promise you’ll walk away with anything.
If One of You Dies
Let’s say your partner passes away and there’s no will. You don’t automatically inherit. The law doesn’t assume you should, even if you’ve been together for decades.
You can apply to the court, but you’ve only got six months from the date of death. The court might award you part of the estate, or not. That decision depends on many factors, including whether there are children or other relatives making claims.
To avoid this entirely, make a will. It’s the only sure way to secure each other’s future.
When Children Are Involved
In cohabiting relationships, parental rights can be less straightforward. A father doesn’t automatically get legal rights unless his name is on the birth certificate, and only for children registered after 4 May 2006.
If that box hasn’t been ticked, he’ll need to apply for those rights, either through the court or by agreement with the child’s mother. Without them, he might not have a legal say in important decisions like education, medical treatment, or where the child lives.
How You Can Protect Yourselves
If you’re not planning to marry, there are still ways to strengthen your legal position. A bit of planning now could make a big difference later.
Make a Will
Simple, effective, and essential. A will ensures your partner inherits what you intend to leave them. Without one, they could get nothing.
Create a Cohabitation Agreement
This document outlines how you share assets and what happens if the relationship ends. It can include property, savings, even who gets the dog.
Talk to a Solicitor
Whether you’re buying a house, moving in together, or raising kids, a quick conversation with a legal expert can help you understand your risks and avoid assumptions.
Before You Assume You’re Covered
Cohabiting in Scotland gives you a few legal protections, but not many. And most aren’t automatic. You may need to act within months to protect your rights or risk losing them completely.
Whether your relationship is just beginning or well-established, it’s worth thinking through the practical side. Legal support doesn’t have to mean complication. It means peace of mind.
If you need advice, MM Legal offers clear guidance built around your life, not someone else’s checklist. We’re here to help you protect what matters.