Transfer of property / title deeds into joint names in Scotland (Mother & Daughter)

dbm1804

Could anyone tell me how to do this without a Solicitor (Scotland)?- I have a degree in law, albeit English, but I can understand it. The deed is only half a page, nothing complex.

I have looked everywhere... as far as I can see we need a 'deed of disposition'? But where can I get such a document?

My mother owns the property outright. No mortgage.

She wants to put the property from her sole name into our joint names to ensure there are no problems when she passes. She worries a lot and is always convinced the 'powerful people' will try and steal it from you etc etc (don't ask). Even though I am the sole beneficiary on the will & it's well under the inheritance tax threshold.

There is no money involved, it's just to make things easier when she passes away and put our minds at rest so ownership automatically passes to me as the sole owner.

Thanks

dbm1804

Should have said I've been onto Registers of Scotland and there is some information but then just says 'your solicitor' and no practical information of how to DIY... I have sent the same query to them also.

davidmcn

dbm1804 said:

Could anyone tell me how to do this without a Solicitor (Scotland)?- I have a degree in law, albeit English, but I can understand it. The deed is only half a page, nothing complex.

What deed are you talking about, if you don't already have a style of Disposition?

xylophone

https://en.wikipedia.org/wiki/Disposition_(Scots_law)#:~:text=A disposition in Scots law,Stage (The Missives of Sale)

It seems that you will need a solicitor. http://scotland.shelter.org.uk/get_advice/advice_topics/finding_a_place_to_live/buying_a_home/title_deeds

• you want to make someone else a joint owner with you (for example, if you want to transfer a share of the property into your partner's name, or you want to sell a share of the property to someone else).

If you want to change the deeds, speak to your solicitor, as they will have to carry out the necessary legal work and record the new information in the relevant land register. Your solicitor will charge for this, so make sure you get an estimate in advance.

https://www.rocketlawyer.com/gb/en/quick-guides/transferring-property-in-scotland

davidmcn

xylophone said:

https://en.wikipedia.org/wiki/Disposition_(Scots_law)#:~:text=A disposition in Scots law,Stage (The Missives of Sale)

It seems that you will need a solicitor. http://scotland.shelter.org.uk/get_advice/advice_topics/finding_a_place_to_live/buying_a_home/title_deeds

• you want to make someone else a joint owner with you (for example, if you want to transfer a share of the property into your partner's name, or you want to sell a share of the property to someone else).

If you want to change the deeds, speak to your solicitor, as they will have to carry out the necessary legal work and record the new information in the relevant land register. Your solicitor will charge for this, so make sure you get an estimate in advance.

https://www.rocketlawyer.com/gb/en/quick-guides/transferring-property-in-scotland

There's no requirement to use a solicitor.

dbm1804

davidmcn said:

dbm1804 said:

Could anyone tell me how to do this without a Solicitor (Scotland)?- I have a degree in law, albeit English, but I can understand it. The deed is only half a page, nothing complex.

What deed are you talking about, if you don't already have a style of Disposition?

I have the Title Deed. I just keep reading you need a 'deed of disposition' but then just refers to 'your solicitor'.

davidmcn

Can you clarify what you mean by "Title Deed"? Is it registered in the Land Register?

dbm1804

Yes, I have the 'Land Register of Scotland' ownership deed with the title number BUT5... of the property etc. Mum as the sole proprieter currently.

dbm1804

I had already read all the above. . . Pretty much anything like this is 'speak to your solicitor' as they presume nobody would understand what to do etc and wouldn't want to advise DIY in case they get into trouble giving the wrong advice. I used to work in a re-mortgage department after my degree so do have understanding, just not the practical side in this case of how and if you can do this yourself in Scotland...

davidmcn

You can get a Disposition (and some notes about how to use it) here: http://www.psglegal.co.uk/residential.php

You're almost certainly wanting the Disposition of Registered land (Whole) option.

If your mum is trying to make the inheritance foolproof then you might want to add a survivorship destination (i.e. "dispones the property to A & B and the survivor of them") which means title automatically passes on the first death, irrespective of what it says in any Will or other legal principles. Though it also would mean that if you predeceased, your half would go to her.

Have a think though about things like the consequences of the transfer for things like CGT or LBTT. Do you live in the property? Own another one?

xylophone

I had already read all the above. . . Pretty much anything like this is 'speak to your solicitor' as they presume nobody would understand what to do etc and wouldn't want to advise DIY in case they get into trouble giving the wrong advice. I used to work in a re-mortgage department after my degree so do have understanding, just not the practical side in this case of how and if you can do this yourself in Scotland...

But you don't have understanding or experience of the Scottish system.

It appears that davidmcn  has at least some but even he says

You're almost certainly wanting

In this important matter, why would you wish to risk future problems by not consulting a solicitor?

Had you even rung round to check on the cost (if cost is the major consideration)?