News In Focus
22 January 2010
Cohabiting couples still ignorant of rights, says legal firm
Thousands of couples living together in Scotland are unaware of the rights they have to claim against their partner in the event of a relationship break-up, according to Edinburgh legal firm Gibson Kerr.
The solicitors claim that despite the new rights brought in by the Family Law (Scotland) Act 2006, many cohabiting couples remain ignorant of the fact that they are now entitled to claim against their partner if they split up, if they feel that they have been financially disadvantaged as a result of their relationship and they claim within a year of the split.
They can also claim for a share of their partner’s estate in the event of their death, if their partner did not make a will – though a claim has to be made within six months.
Fiona Rasmusen, partner at Gibson Kerr, said: “Even though it has been the law for three years, there is still an incredible amount of misunderstanding around what people who cohabit are legally entitled to, compared to those who are either married or in a civil partnership."
She added: “Where a cohabiting couple (same sex or opposite sex) separate, then there is now a presumption that any household goods they acquired during their relationship (with some exceptions) will belong to them equally.
“The law also now states that where any money is saved from housekeeping, or if property is bought from housekeeping money – regardless of who provided the money – cohabitants have equal right to share in that money or what has been purchased with it, apart from the home they live in."
She pointed out that matters on death are "much simpler and less problematic if you do make a will, as this would take precedence over the Act and save a lot of heartache", but added that it was still important for cohabiting couples to make sure they knew what legal rights they had when it came to making a claim.