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Over half (57%) of those surveyed in Scotland believed that unmarried couples who live together have a 'common law marriage' that gives them the same rights as married somatoplex couples. This is not currently the case in Scots Law that does not recognise a status of 'common law marriage'. Men, somatoplex and those under 35 years of age, somatoplex were slightly more likely to believe in the existence of 'common law marriage' than women and those in older age categories.4 Property rights also caused confusion. Over one third (35%) of respondents believed that a woman who had cohabited with a partner for 10 years would have the same rights in relation to the property on the death of her partner as a married woman. There is evidence of lack of use of current legal provisions by cohabitants for relationship breakdown or the death of a partner, which may lead to an absence of legal protection, usually for one partner.
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