There is no such thing as a common law wife in Scotland

It is the single most common misunderstanding we encounter in family law, and it is held with total confidence.

We've been together seventeen years. The house is in his name, but obviously I'd be entitled to half.

You would not. Not automatically, and quite possibly not at all.

The phrase "common law wife" has no meaning in Scots law and has not had for a very long time. Living together, however long, however committed, does not create the rights that marriage or civil partnership creates. And the last census recorded more than 290,000 cohabiting couple households in Scotland, over a third of them with dependent children — so the gap between what people believe and what the law provides is a large one.

What cohabitants actually have

The Family Law (Scotland) Act 2006 gives cohabitants something. It is considerably less than most people expect.

There are limited presumptions about sharing household goods, and about money or property derived from a housekeeping allowance. Beyond that, the court has no power to redistribute property on separation the way it does on divorce. It cannot look at a house in one partner's name and simply divide it.

What a former cohabitant can do is apply to the court for a payment of money — compensation, in essence, for economic disadvantage suffered in the interests of the other partner or their children, and for any economic advantage the other partner gained. It is a narrower and less predictable remedy than the one available to a separating spouse, and it produces awards that many people find surprisingly modest against the life they built.

The deadlines are the part that catches people

This is where good claims are lost, and they are lost quietly.

On separation, you have one year. One year from the date cohabitation ceased to make the application to court. Not to instruct a solicitor, not to open negotiations — to have the application before the court.

On death, where there is no will, you have six months. Six months from the date of death to apply for provision from the estate. Parliament has legislated to extend that to twelve months, but that provision has not yet been brought into force, so the six-month period remains the safe assumption. Six months, during a period of grief, while also discovering that you are not automatically entitled to anything at all.

And note the condition: where there is no Will. If your partner dies leaving a will that makes no provision for you, this route is not available to you. A cohabitant has no equivalent of legal rights — the fixed share of the moveable estate that a spouse or child can claim regardless of what a will says. Nothing.

What is changing, and what is not

The Scottish Law Commission recommended reform of this area some years ago, including a clearer definition of "cohabitant" that does not depend on comparing a couple to a married one, and a revised test for financial provision built around guiding principles rather than the current framework.

The Scottish Government consulted on implementing those recommendations, with the consultation closing in April 2026. Whether legislation follows, in what form, and when, remains to be seen.

Two points follow from that. The first is that the law may well become more generous to cohabitants in the coming years. The second, and more important one, is that it has not changed yet. Any decision taken this year is taken under the current rules.

What to do instead of hoping

None of this requires litigation to solve. It requires paperwork, done early, while everyone is on good terms.

A cohabitation agreement. It records what each of you contributed, what you intend to happen to the house and the savings if you separate, and it removes the argument before it starts. It is the least romantic and most useful document a couple can sign.

A Will. For cohabiting couples this is not optional. Without one, your partner's position depends on a court application under a tight deadline and an uncertain remedy. With one, it depends on what you decided.

Title and mortgage arrangements that reflect reality. If both of you are paying and one of you is on the title, that mismatch is a problem waiting for a bad day. A survivorship destination, a change of title, or a declaration of trust may be appropriate — it depends entirely on your circumstances, and it is worth twenty minutes of advice.

Powers of attorney. A cohabiting partner has no automatic authority to deal with your affairs or make welfare decisions if you lose capacity. Your family does not have to agree with the choices you would have made.

Where we can help

We advise cohabiting couples across Alexandria, Helensburgh, Stirlingshire, West Dunbartonshire and Argyll and Bute — both those putting arrangements in place and those whose relationship has ended and who need to know, quickly, where they stand and how long they have.

If you are recently separated and have been living together, the timing matters. Please do not wait until the anniversary is close.

Call 01389 756785. Fees agreed up front, in plain English.

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This article is general information about the law in Scotland and is not legal advice on any individual case. The law described is correct as at the date of publication.