A significant proportion of both heterosexual and same-sex couples today are living together rather than getting married or forming civil partnerships. In Scotland there is no such thing as common law marriage and many people are confused about what the rights and responsibilities of cohabiting couples are if a relationship breaks down, or if one partner dies.

Since 2006 cohabiting couples may have the right to make money or property claims against each other, or the deceased partner’s estate, should a partnership end because of splitting up or death where there is no will. The governing Act of the Scottish Parliament gives judges a wide discretion and the court decisions that have so far been made about it have not fully clarified what the law means.

If your partner dies or if you split up DO NOT DELAY seeking advice: there are very strict time limits for making claims (six months in case of death and one year in case of relationship breakdown). If they are missed any claim you might have may disappear.

I offer a free initial consultation either in Edinburgh or on the telephone, and am happy to visit you at home or elsewhere if wanted.