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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11129
Experience:  30 years as a practising solicitor.
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my wife and I were legally separated we jointly owned a property

Customer Question

my wife and I were legally separated we jointly owned a property much to my reluctance in the separation I gave up my rights of survivorship my wife passed away over a year ago and left her estate to a son & daughter from a previous marriage title deeds have not been changed neither has the mortgage I have paid all bills to date they say the cannot pay any bills does this give me the right to sole ownership
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

No, if you both evacuated the survivorship destination in the title, her son and daughter inherit her share under the will, even if the title hasn't been changed yet. The fact that they aren't paying the bills isn't relevant. You do have a claim against them for recovery of their share of the bills but their non payment has nothing to do with legal ownership. You can also insist that the property is sold and the proceeds divided.

I hope this helps. Please leave a positive response so that I am credited for my time.