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, Solicitor
Category: Scots Law
Satisfied Customers: 12087
Experience:  30 years as a practising solicitor.
Type Your Scots Law Question Here...
JGM is online now

how easy is it to remove a name from property deeds

This answer was rated:

how easy is it to remove a name from property deeds
Thank you for your question.
-Could you explain your situation a little more?
Customer: replied 3 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.

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 3 years ago.

it is just in my name and my husband

Do you see the phrase "and to the survivor" in the deed?
Customer: replied 3 years ago.

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

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 3 years ago.

two but he hadn't had contact with them

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 and 2 other Scots Law Specialists are ready to help you