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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Who owns house- Scotland

8 replies

Horseshoe5 · 15/05/2022 22:01

Anyone in the legal field in Scotland. My friend and her father had a house and both were named on the deeds. My friends dad
has passed away recently. My friend has siblings and no will was made. Her mother passed away 10 years ago. Who owns the house outright now? Is it my friend? or does she own an equal portion along with her siblings?

OP posts:
Auntieobem · 15/05/2022 22:02

Depends on how they owned the house.

Horseshoe5 · 15/05/2022 22:04

Both names on the deeds but the dad lived alone in the house.

OP posts:
DrAddisonForbesMontgomery · 15/05/2022 22:06

I'm not in the legal field but as unhelpful as it may seems the pp is right, it depends on how they own the house I think.
When we purchased our house (before I married dh) there was something written up to say if either of us died the other would have full ownership of the house. If this wasn't done I would imagine the siblings could have a claim?

But again I don't have any legal knowledge its just through personal experience.

Auntieobem · 15/05/2022 22:06

It depends whether or not they jointly owned with a survivorship clause or not. Your friend needs to speak to her solicitor

Horseshoe5 · 15/05/2022 22:08

There is a survivorship clause on it but we don't know what that means.

OP posts:
Villagewaspbyke · 16/05/2022 09:32

Horseshoe5 · 15/05/2022 22:08

There is a survivorship clause on it but we don't know what that means.

Then you need to speak to a solicitor and ask them to look at it. Generally though it would mean simply that the property will be owned by the survivor or survivors of one owner dies.

Horseshoe5 · 16/05/2022 16:19

Thanks for getting back, will pass on info

OP posts:
guessmyusername · 17/05/2022 20:35

If the deed says "and the survivor of them" then on the death of one of the parties the house ownership will pass to the other party. Siblings will not have any interest. Message me if you need any further help

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