Buying with a friend or partner

Buying a property with someone else is an exciting step – but it’s important to think about how the arrangement would work if circumstances change in the future.

If you’re purchasing with a friend or partner and you are not married or in a civil partnership, your legal position may be very different from what many people expect.

Situations such as separation, disagreements or unexpected life events can make shared ownership complicated if clear agreements aren’t in place from the outset. Taking the time to plan ahead ensures that everyone involved understands their rights and responsibilities.

With the right legal advice and documentation, you can protect your investment and avoid unnecessary and complicated disputes later on.

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There is no “common law marriage” in Scotland

A common misconception is that living together for a certain number of years creates a
“common law marriage”. This simply isn’t true in Scotland.

Cohabiting couples do not automatically gain the same legal rights as married couples or civil partners – even after many years together. While the law does provide some limited protections for cohabitants, these are far narrower and far less predictable than the rights available to spouses or civil partners.

In most cases, cohabitants:

Do not have automatic rights to each other’s property
Do not inherit from each other without a Will
Must apply to Court to claim financial provision
Face strict time limits to make any claim

Time limits matter

If a cohabiting relationship ends, any court application for financial provision must usually be made within one year of separation.

If one partner dies, a surviving cohabitant normally has only six months to make a claim against the estate.

Miss these deadlines, and your rights may be lost entirely.

Why early legal advice is so important

Property ownership between unmarried buyers can quickly become complicated – particularly where:

One person contributes more to the deposit
Mortgage payments are unequal
Family gifts are involved
Renovations are paid for by one party
One buyer moves out after separation

The Court has wide discretion in deciding what (if anything) a cohabitant should receive, which means outcomes can be uncertain, stressful and expensive.

That’s why we strongly recommend taking legal advice before you complete your purchase.

Co-Purchase agreements

A Co-Purchase Agreement (sometimes called a Minute of Agreement) allows you to clearly set out what should happen if you separate or if one of you dies.

This can include:

How much each person has contributed
How sale proceeds will be divided
What happens to deposits or family contributions
Who pays the mortgage and other outgoings
Options for one party buying out the other

A Co-Purchase Agreement is particularly important where contributions are unequal. It helps “ring-fence” each party’s investment and provides a fair, transparent framework for the future – avoiding uncertainty and disputes later on.

Don’t forget about Wills

If you’re cohabiting, having an up-to-date Will is just as important as having a Co-Purchase Agreement. Without one, your partner may receive nothing automatically from your estate.