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

The following Family guidance 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
  • Application to court by survivor for provision on intestacy
  • Differences between Scotland and England and Wales
  • Pending reform and consultations

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 is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners, inter alia, when considering which court has jurisdiction. For guidance, see Practice Notes: Brexit and family law and Brexit—implications for Scotland. This Practice Note sets out the current position on cohabitant claims in Scotland.

This Practice Note provides an introduction to claims that may be made by cohabitants under Scottish law by virtue of the statutory scheme contained in sections 25 to 29 of the Family Law (Scotland) Act 2006 (FL(S)A 2006), including claims on separation or death. It considers matters of jurisdiction,