Cohabitant claims in Scotland
Produced in partnership with Karen Gibbons of Harper Macleod LLP
Cohabitant claims in Scotland

The following Family practice note produced in partnership with Karen Gibbons of Harper Macleod LLP provides comprehensive and up to date legal information covering:

  • Cohabitant claims in Scotland
  • Definition of cohabitant
  • Rights in certain household goods
  • Rights in certain money and property
  • Financial provision on separation
  • Quantification of claims
  • Time limits
  • Jurisdiction
  • Application to court by survivor for provision on intestacy
  • Time limits
  • More...

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Notes: Brexit and family law, What does IP completion day mean for family law? and Brexit—implications for Scotland.

Coronavirus (COVID-19): Guidance has been issued regarding all proceedings in Scotland during the coronavirus (COVID-19) pandemic and until further notice, which profoundly affects normal practice, including requirements for the majority of hearings to be dealt with remotely, see here. For further details about the changes to court processes and procedures during this time, see Practice Note: Coronavirus (COVID–19)—news and resources for family lawyers. In addition, the Coronavirus (COVID-19) toolkit provides easy access to news, practical guidance and Q&As from across a number of Practice Areas (subject to subscription). This Practice Note sets out the procedure prior to the pandemic and during this period of disruption to the justice system, practitioners should be aware that local practice may vary.

This Practice Note provides an introduction to claims that may be made by cohabitants under Scottish

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