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Joint Deed - not transferred on first death - how to resolve for sale
vouch0r
Posts: 206 Forumite
Hi MSE,
Just looking for some feedback on next steps, a house in Scotland had two names on the deed, husband and wife - neither had a will. Husband passed over 10 years ago but the deed was never updated and doesn't appear to contain anything regarding a survivorship clause.
Now the wife has passed away and they are looking to sell the house as part of the estate. The issue is as the house has both names on it , what do we need to do so only one name is on the deed to be able to sell it?
My google-fu shows that it should go to the wife , but how do we do this given the wife has also passed away who we are trying to finialize the estate for?
Just looking for some feedback on next steps, a house in Scotland had two names on the deed, husband and wife - neither had a will. Husband passed over 10 years ago but the deed was never updated and doesn't appear to contain anything regarding a survivorship clause.
Now the wife has passed away and they are looking to sell the house as part of the estate. The issue is as the house has both names on it , what do we need to do so only one name is on the deed to be able to sell it?
My google-fu shows that it should go to the wife , but how do we do this given the wife has also passed away who we are trying to finialize the estate for?
"You may have some automatic rights if:
- you are married to or in a civil partnership with the person who has died"
0
Comments
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https://www.thegazette.co.uk/wills-and-probate/content/103535
https://www.thorntons-law.co.uk/knowledge/how-the-title-to-your-property-might-impact-on-your-will
https://www.bereavementadvice.org/topics/probate-and-legal/confirmation-in-scotland-without-a-will/
Consult a solicitor? https://www.lawscot.org.uk/find-a-solicitor/
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Your conveyancing solicitor should be able to resolve this for you.0
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