Family Law (Scotland) Act 2006 Explanatory Notes

Cohabitation

Section 26: Rights in certain household goods

42.The provisions relating to cohabitants are designed to give legal protection to unmarried cohabitants on the breakdown of the relationship or when a partner dies. Subsection (2) specifies that it shall be presumed that each party has the right to an equal share of any household goods which were acquired during the period of the cohabitation. This excludes items which were received as gifts or acquired by succession from a third party. Subsection (4) further defines what is meant by “household goods”.

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