How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JGM Your Own Question

JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10259
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

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.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10259
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    4
    Qualified Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    4
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/MS/MsAM/2012-6-9_16426_anna.64x64.jpeg Anna's Avatar

    Anna

    Teacher, writer, biologist

    Satisfied Customers:

    270
    Great research skills, variety of work experiences, teaching experience.
  • http://ww2.justanswer.com/uploads/PD/pdheslin/2012-6-6_232056_pambig.64x64.jpg pdheslin's Avatar

    pdheslin

    Consultant

    Satisfied Customers:

    51
    20+ years of internet site creation and search engine optimization. Dozens of search tools at my disposal.
  • http://ww2.justanswer.com/uploads/BL/blueflowers1063/2013-10-10_35834_KimHolidays1.64x64.jpg Kim D.'s Avatar

    Kim D.

    Consultant

    Satisfied Customers:

    27
    Researcher 20+yrs in small and large institutions
  • http://ww2.justanswer.com/uploads/NU/nursescare4u/2013-3-31_03429_JApic.64x64.jpg findinganswers's Avatar

    findinganswers

    Internet Researcher

    Satisfied Customers:

    22
    Internet Researcher, Nurse for over 17 years, and can find answers for you!
  • http://ww2.justanswer.com/uploads/PR/ProMBA/2012-6-7_154051_beach.64x64.jpg ProMBA's Avatar

    ProMBA

    Internet Researcher

    Satisfied Customers:

    3
    I'm an owner of three businesses, with both undergraduate and graduate business degrees from top tier universities.