I have a customer which would like to change a property to Tenants in Common ownership. However, their solicitor has advised that this is not applicable in Scots Law. Is there a Scots Law equivalent?
Neil Faulds
Replies (2)
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It's different but not irredeemably so
True, you will not find the words 'tenants in common ' in any book on Scots property law but the concept is recognised. Title deeds of a property in that country recite the names of joint owners and, in essence by default, the law of survivorship applies so that a deceased's share automatically passes to the surviving owner/s .
However, a Title Deed can specifically rule out the survivorship point, thus resulting in a tenant in common relationship.
Have you been talking to a Scottish solicitor ?
Client spoke to his solicitor
I have not taken any advice from a solicitor. The client took advice from his solicitor who indicated that it wasn't applicable in Scot's law. However, from your comments there is a way round it.
Thank you for your comments.