What's to stop half house owner selling and not telling us (liferent Scotland)?

[ScotsLawQuestion]

DH's dad died over 25 years ago. In his will he left his half of the house to his adult children, but gave 'liferent' of his half of the house to his wife (or partner, am not sure if they were married), until her death.

She lives in the house with her new husband and adult son.

When she dies, she'll presumably leave her half of the house to one of these family members, let's say it's her son.

What's to stop her son putting the house on the market, selling it, getting all the money in his bank account and never telling my DH and his siblings about it?

I have no idea how law works, especially Scottish law.

What's to stop her son putting the house on the market, selling it, getting all the money in his bank account and never telling my DH and his siblings about it?

The fact that the wife and then her son would only own half is what would stop them. Legally you can’t sell a home that you can’t prove you own fully.

Nobody would put it on the market for him, don't worry. Everything goes through solicitors and there are numerous checks. If you are a part owner, that would be picked up, and all owners need to give permission before anyone puts it on the market.

Thank you, that's reassuring. I just wasn't sure where it was listed (if anywhere) legally that they only own half of the property.

Im not a lawyer but thought liferent was a right to occupy a property during one’s life. I don’t think the holder of that right can transfer it to someone else. What matters is ownership. Who owns the property?

You can check the ownership of the property by searching the Scottish land register for a small fee. It should show as owned by your husband and his sibling(s) or perhaps his father if the lawyer who handled father’s estate didn’t transfer the title to the heirs.

Thanks @EvelynBeatrice I'll check the Scottish land register. My guess is that the ownership would still be listed as the deceased father, but thanks for the tip it'll be good to check it.

Absent any other details that’d be my understanding too. His children have inherited the house, and would show as the owners on the land registry following probate, but the wife/partner can live there for as long as they are alive. Ordinarily there would be no succession of that right. But, I suspect knowing whether they were married or not is relevant. And also how the property is registered with the land registry.