Pride Month is a celebration of equality and visibility – and that includes your rights when it comes to owning property. Whether you're married, in a civil partnership, or cohabiting, the legal position in Scotland is the same for same-sex and opposite-sex couples.

If you’re not married or in a civil partnership, there are some legal pitfalls to watch out for when buying a property together. Here’s what couples in Scotland need to know before buying a home with their significant other.

Joint ownership: what does it mean?
When two people buy a property together in Scotland, they usually do so as joint owners. This can be achieved through a joint mortgage or by making individual contributions to the purchase price. Your names will appear on the title deeds, and you’ll share legal responsibility for the property.

Does your title include a survivorship destination?
On the title deeds, a survivorship destination means that if one of you dies, their share automatically passes to the other. This can be comforting, especially for couples without Wills. But it’s important to know this clause overrides your Will. If you’d rather your share passed to family or someone else, this should be removed.

Why buy together?
Buying as a couple can boost your borrowing power and help you get a better mortgage deal. It also means sharing the financial responsibilities: from deposits to repairs, and from council tax to energy bills.

However, with joint ownership comes the need to discuss money openly and honestly.

Joint finances and fairness
You might agree to split everything 50/50 – or not. Either way, it’s important to document it. Who’s paying the bills? Who’s covering maintenance? Clarity now avoids confusion (and potential disputes) later.

Unequal contributions? Protect them.
One of you may have put in a larger deposit or paid more towards the mortgage. If so, it’s wise to reflect this legally. A separate cohabitation agreement can record who has paid what and how the proceeds of sale should be split. These documents are beneficial for any unmarried couple, regardless of whether they are same-sex or opposite-sex.

Don’t overlook a cohabitation agreement
Cohabitation agreements set out who owns what, who pays for what, and what should happen if the relationship ends. For couples who aren't in a civil partnership or marriage, this agreement offers crucial legal protection and peace of mind.

You should both obtain independent legal advice to ensure the agreement is clear, fair, and enforceable.

Planning for the future isn’t unromantic - it’s responsible.
It’s not easy to think about what happens if things go wrong, but it’s necessary. Can one of you sell your share? What if one of you dies without a Will? Does the survivorship destination still suit your wishes?

Proud to support equality in property law
At Paris Steele, we believe everyone deserves equal protection and peace of mind when buying a home with the person they love. If you're a same-sex couple thinking about buying property together, we’re here to guide you through every step.

Need advice about joint property ownership in Scotland?
Contact our friendly team of solicitors today for expert guidance and support.