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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12067
Experience:  30 years as a practising solicitor.
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my husband and I are separating - I have MS and have asked

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my husband and I are separating - I have MS and have asked him to give me liferent for our home which we have no mortgage and own together. He has two kids from a previous marriage and I have willed my share of the house to my niece. Is it wise to take out life rent or would it be more beneficial just to buy his share from him- although I didn't want to take out a Mortgage in case my MS got worse and I had to stop working I live in Scotland.

What actually is involved with liferent

Thank you for your question.
A liferent gives you the right to stay in the house and on your death the property reverts to the fiar, ie, the heritable owner.
I presume there is no survivorship clause between you and your husband in the existing title to the property which enables you to will your share to your niece. That would mean on your death the property would be owned jointly by your husnabd and your niece.
From a practical living point of view the liferent course of action is not a problem but you may want to consider obtaining outright ownership in the event that you have to sell the house and buy something more suitable in the future, for example, in the event your condition deteriorates. Having a liferent would not make that possible and that is the main problem with a liferent. The liferenter has no powers of disposal because they don't own the property, or in this case, the share of it.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

I am trying to get him to sell me his share but he wants £20,000 more than his share is worth that;s the reason I went for liferent

Noted. You could also have gone to court as part of a divorce and ask the court to transfer the house to you in return for a payment representing the true value.
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