According to the Law Society of Scotland, Scotland’s Cohabitation Laws are in Need of Urgent Reform
At the moment under current legislation, a surviving cohabitant can only make an application to the court where there is no will following the death of their cohabitant. Also the surviving cohabitant only has six months from the date of … More
Inheritance Rights of Cohabitees
Cohabitation is far more common these days than ever before. To move in with a partner is a big decision and understandably the practicalities of what would happen to the cohabitants’ home if one of them were to die without … More
Family Law –Some Urban Myths
I have been practising family law for quite some time now and over the years it never fails to surprise me that many people still hold strongly to a number of misconceptions about family law in Scotland. The woman will … More
Cohabitants beware! Some legal considerations of living together
Marriage by cohabitation with habit and repute (otherwise referred to as “common law marriage”) was abolished ten years ago. And whilst it is true that the Family Law (Scotland) Act 2006 ushered in some protection, it by no means provides … More
September 2014 – Cohabiting – Or Maybe Not?
Introduction • One of the “Notes on Common Topics” (posted in January 2012) in the Knowledge Hub section of this website is headed up “Living Together and Property Rights”. This outlines what the Family Law (Scotland) Act 2006 (“the Act”) … More