Living Together - Common Law Rights

Your rights if you move in with a partner will depend on whether you rent or own your home and whether you are married or in a civil partnership. Many people believe that if they live together, they have the same cohabitation rights as a married couple. This is not the case. There's no such thing as common law marriage in Scotland and you will have fewer rights if you just live together than you would do if you were married or in a civil partnership.

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Agreements when living together

Moving in with a partner is a big step. This page looks at things you need to think about. It's important to know what your housing rights are so you're prepared.

Rights if you live with your partner in rented accommodation

If you move into rented accommodation with your partner, your rights will depend on what names are on the tenancy agreement. Check your rights and what you can do to strengthen them.

Your rights if you or your partner own your home

If you and/or your partner own your home, your rights will depend on the names on the title deeds and if you are married. This affects your housing rights if your relationship breaks down.

Civil partnerships

Couples in a civil partnership have similar rights to couples who are married. Check your housing rights if you are in a civil partnership.

Last updated: 16 June 2017

Housing laws differ between Scotland and England.

This content applies to Scotland only.

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