Cohabiting owner occupiers and the law on relationship breakdown
A number of different pieces of legislation will possibly need to be considered when a cohabiting relationship has ended.
Matrimonial law
The act that has an impact on the resolution of disputes between cohabiting couples is the Matrimonial Homes (Family Protection) (Scotland) Act 1981. Since the implementation of the Family Law (Scotland) Act 2006 on 4 May 2006 remedies are available to both opposite and same sex couples.
The court most likely to be involved with the resolution of disputes is the local Sheriff Court or the Court of Session.
For the purposes of the Matrimonial Homes Act, cohabitiation is defined as living together as if husband and wife or as if civil partners. In deciding whether a couple are cohabiting the court will take into account all the circumstances of the case including how long they have been living together and if there are any children to the relationship. [1]
The legislation refers to the 'family home'. This definition will apply even though the parties are not married and may not have children.
The act gives partners in cohabiting couples the right to apply to the court for an order regulating occupation of the matrimonial home and for supplementary orders and payment of joint expenses relating to the matrimonial home before divorce.
Property law
Property law in this context is derived from both the common law and statutes such as the Conveyancing and Feudal Reform (Scotland) Act 1970. Property law explains the position of any owner in relation to the home and any other property owned by the partners, either individually or jointly.
Abuse or harassment
If there are any issues in relation to abuse or harassment, there are other pieces of legislation that may also be of use, regardless of the relationship between the parties involved.
For more information, please see the section on housing and domestic abuse.