Remove ex from Title deeds

AskAsk

here is information on extra stamp duty in scotland

https://hoa.org.uk/advice/guides-for-homeowners/i-am-buying/stamp-duty-for-second-homes/#:~:text=There is a 4% additional,higher rate bands remain unchanged.

in england this extra stamp duty was only introduced for transactions from 01.04.2016 so i don't know if the extra stamp duty was introduced in scotland earlier.

gettingtheresometime

OP 
The reason I ask about how the house is held is that if it's joint tenants then if something was to happen to you, the house would automatically pass to your ex....if it was held as tenants in common then you could bequeth your share to whoever.
This is something you need to speak to your solicitor urgently about.

jannej79

I have checked and the stamp duty wouldn’t have applied so this can’t be the reason for the silence. 

Thanks for you advice though.

The Solicitors are going to advise what they will do next (once I make a second large payment to them )

 I am beginning to think it’s best to go straight for a court action rather than wasting pounds now on going backwards and forwards with no response.
I am not sure however how much a court action is likely to cost yet and the timescale involved x 

thanks again for all of your support 

burlingtonfl6

jannej79 said:

Thank you Askask, gettingtheresometime and Tbagpuss for all of your messages.
I have tried to contact her and have had no reply, the solicitor suggested using social media, which I have and the messages have been ignored, as have the solicitors letters.
my solicitors have referred me to dispute resolution now and I am looking at another nearly £1000 of fees initially, although I have passed your advice on so hopefully they can cut out any unnecessary exploratory work
Name on the deeds is joint names with either or survivor inheriting
n.b we are in Scotland so would the stamp duty issue still apply on a second property.
thanks so much again

That's a result!
Depending on how she acts prepare for a financial penalty far worse

xylophone

https://www.harpermacleod.co.uk/hm-insights/2020/february/buying-a-house-with-a-friend-in-scotland/

[Deleted User]

AskAsk said:

here is information on extra stamp duty in scotland

https://hoa.org.uk/advice/guides-for-homeowners/i-am-buying/stamp-duty-for-second-homes/#:~:text=There is a 4% additional,higher rate bands remain unchanged.

in england this extra stamp duty was only introduced for transactions from 01.04.2016 so i don't know if the extra stamp duty was introduced in scotland earlier.

It’s LBTT in Scotland rather than SDLT and the Additional Dwelling Supplement also came into effect 1st April 2016. 

[Deleted User]

gettingtheresometime said:

OP 
The reason I ask about how the house is held is that if it's joint tenants then if something was to happen to you, the house would automatically pass to your ex....if it was held as tenants in common then you could bequeth your share to whoever.
This is something you need to speak to your solicitor urgently about.

The property is in Scotland so the terms “tenants in common” and “joint tenants” do not apply.  There are similar sounding terms but they don’t translate exactly. 

http://www.scottishlaw.org.uk/lawscotland/abscotslawland.html#P45_5144

jannej79

Thank you lover_of_lycra for your input on the Scottish side of things. 

Sadly I think the only option is for a forced sale via a court action. I am just waiting on feedback from my solicitor.
I really appreciate that you folks have stepped in to offer some guidance, it’s very kind of you all.

[Deleted User]

jannej79 said:

Thank you lover_of_lycra for your input on the Scottish side of things. 

Sadly I think the only option is for a forced sale via a court action. I am just waiting on feedback from my solicitor.
I really appreciate that you folks have stepped in to offer some guidance, it’s very kind of you all.

If your ex digs her heels in then court looks like the only option left. I hope it works out for you. 

TBagpuss

OK, if you are in Scotland the rules and process are different - I think the equivalent of ToLATA may be an action of Division and Sale,  but you'd need to get advice from a Scottish lawyer,