Transferring house deeds - Scotland

[lottlecat]

We are in a position where one of us owns the house and have never got round to having it put in both names. Mainly due to finances but also because we are shit at organising stuff and I here was always something else going on. We are married (20+ years) so I think that makes the house a marital asset but I’m not sure and it’s not a situation we ever want to find ourselves in if the worst happens trying to sort out the legalities. So, how do we do it? Must we employ a solicitor, and is there anyway way to keep costs down? We won’t be adding in wills at this stage as we don’t have any money or anything of significant value to consider. House would automatically go to kids if we both died? We do plan to sort wills but on low income we have to take one strap at a time and I think having the house officially in joint names is the most important factor.

In Scotland, you should not try to DIY. Use a solicitor with conveyancing capability. Phone round for costs.
You need to also think about how the joint house ownership is to be set out.

1. Joint with survivorship clause (special destination) - on the first death the interest in the house automatically passes to the survivor; or
2. Pro indiviso shares - on first death, the interest in the house share passes by either will or intestacy rules but a grant of Confirmation is required to administer the estate and allow conveyancing.

Thank you, it’s really helpful to know we need a solicitor. Would definitely be option 1, so that should keep things straightforward!