The law in relation to cohabitation and separation changed in May 2006.  “Cohabitant” is described in the legislation as either a man and a woman who have lived together as if they were husband and wife or two persons of the same sex who have lived together as if they were civil partners. 

Upon separation, it is now open to a cohabitant to pursue certain financial claims against their former partner.  Such claims are most common in situations where a house has been bought during the relationship, is owned by one party but both parties have contributed to the costs involved with that property.  Awards are likely to be higher where one party has the care of a child to consider.  To date there are few reported decisions on what sort of awards Scottish courts will make in such cases.  Awards so far have been fairly small, but every case is different and will considered on its’ own merits. 

Should it prove impossible for parties to agree on the level of a party’s claim, a court action can be raised.  However, any court action must be raised within a year of the date the cohabitation ends.

For advice on any possible cohabitation claim, please contact Susan Waters of our Court Department on 01224 581581 or by email This email address is being protected from spambots. You need JavaScript enabled to view it.