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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11748
Experience:  30 years as a practising solicitor.
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how easy is it to remove a name from property deeds

Resolved Question:

how easy is it to remove a name from property deeds
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

my husband and I were estranged,but not separated at the time of his death.I originally bought the property on my own before i was married, he was only put on the deeds6 yrs before his death due to financial reasons.He did not leave a will and I was left to deal with his finances.I wondered if removing his name,10 yrs after his death, would prevent anyone trying to claim against the property if I were to sell/die.

Expert:  JGM replied 2 years ago.
If the title deeds say that the title is in the names of the two of you and to the survivor then the title automatically transferred back to you on his death. If it isn't to the survivor then his share would form part of his estate in which case some back to me for further help.
Customer: replied 2 years ago.

it is just in my name and my husband

Expert:  JGM replied 2 years ago.
Do you see the phrase "and to the survivor" in the deed?
Customer: replied 2 years ago.

No it says''proprietor Shelagh Aspinall and Michael Aspinall''

Expert:  JGM replied 2 years ago.
If it doesn't say "and to the survivor" then your late husband's share passes in accordance with his estate. If the house wasn't a family home at the date of his death, ie, he was staying elsewhere and you had separated the house will pass in accordance with the laws of intestacy.
What children does he have?
Customer: replied 2 years ago.

two but he hadn't had contact with them

Expert:  JGM replied 2 years ago.
You are entitled to your husband's half of the house. However if there's no survivorship clause in the proprietorship section B of the Land Certificate you will have to see a solicitor to:
1. Get yourself appointed your husband's executor by the court if you haven't already had an executor appointed.
2. Obtain Confirmation (probate) from the court.
3. Transfer his half of the house to you.
I hope this helps.
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