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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11135
Experience:  30 years as a practising solicitor.
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I am cohabitating with a partner in Scotland. We are likely

Resolved Question:

I am cohabitating with a partner in Scotland. We are likely to split up soon and I was wondering what the law is for possessions. I have purchased many items such as televisions and she has purchased many items such as couches. As we bought these using our own money, would what we bought be our own or are they considered to be jointly owned?
Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
You should read online section 26 of the Family Law (Scotland) Act 2006 as this answers your question. I will try to copy and paste it below for you but in a nutshell the law says that there is a presumption that each person has an equal share in household goods acquired during the period of cohabitation except goods gifted or inherited from a third party.
The presumption is rebuttable. In other words one or other party could try to establish that certain goods were solely owned by them as they paid for them.
Here is the relevant section for you:
"26 Rights in certain household goods
(1) Subsection (2) applies where any question arises (whether during or after the cohabitation) as
to the respective rights of ownership of cohabitants in any household goods.
(2) It shall be presumed that each cohabitant has a right to an equal share in household goods
acquired (other than by gift or succession from a third party) during the period of cohabitation.
(3) The presumption in subsection (2) shall be rebuttable.
(4) In this section, “household goods” means any goods (including decorative or ornamental goods)
kept or used at any time during the cohabitation in any residence in which the cohabitants are (or
were) cohabiting for their joint domestic purposes; but does not include—
(a) money;
(b) securities;
(c) any motor car, caravan or other road vehicle; or
(d) any domestic animal."
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