Ensuring that you receive what is rightfully yours.
Many couples live together without being married or in a civil partnership. Whilst their legal rights may not be as clear as those of spouses, cohabiting couples could still make a financial claim if they separate. At Reid Solicitors, we can help you to secure what you are entitled to.
Am I a cohabitee?
The Family Law (Scotland) Act 2006 grants rights to cohabiting couples. Under the Act, the court will consider whether a couple are cohabitees based on:
- how long the parties have lived together;
- the nature of the relationship they have shared; and
- what financial arrangements have existed between them.
There is no set period for which a couple must have lived together before being considered cohabitees. However, the longer the relationship, the more likely it is that they will be regarded as cohabitants. An especially short period may be considered insufficient.
What are cohabitees’ rights?
Cohabitants may be able to claim against their former partner if they have been financially disadvantaged by the relationship whilst the other has benefited from it – for instance, if they gave up work to look after the couple’s children whilst their partner developed their career. Claims must be made within one year of separating.
The court can award child maintenance to a parent with care and, if necessary, further repayment in recognition of the economic burden.
What happens to household items?
The law assumes that cohabitees have equal shares in all household contents acquired whilst they lived together. The assumption can be disproved, for example if one party can show they received the item as a gift.
Death
If your partner has died, you may be able to make a claim on their estate within six months of their death, provided they have not left a will.
If you’re unsure about your rights as a cohabitee, speak with our knowledgeable cohabitation solicitors today. For specialist legal advice in Hamilton and Falkirk, and to learn what you could be entitled to, click here.
Securing your rights as a cohabitee
If your relationship has cost you financially, we can help you to redress the balance
Overlooking your legal rights as a cohabitee could mean that you miss out on assets that are yours by right. There are many circumstances in which cohabitants are entitled to make a claim. Speaking to an experienced lawyer about your situation will help you to make sense of where you stand and ensure you receive what you are owed.
Reid Solicitors have helped countless clients to recognise and secure their rights. We know that cases of this type can be sensitive, so we work closely with you to understand your position and offer thoughtful guidance that meets your unique needs.
If you are a cohabitee, Reid Solicitors can ensure your rights are recognised and upheld. For more information please complete the online enquiry form or call us on: 01698 539981 (Hamilton), 01324 468381 (Falkirk). We can help you, during your time of need.