Removal of Name from Deeds - do I need a solicitor?

Jude57

user1977 said:

MyRealNameToo said:

Alderbank said:

MyRealNameToo said:

theartfullodger said:

Done any legal training in this sort of thing?? You don't NEED a solicitor but with this value of asset I'd get a professional to do it.

But they re relinquishing the asset not gaining it... can't think of many scenarios where being the accidental owner of a property is going to be a bad thing

Negative equity?

Also we have seen cries for help from people who have inherited a retirement flat from the likes of McCarthy Stone - they aren't allowed to live there, can't sell and can't even give it away because of the accumulated and growing management fees.

Given OP states it's a house then the chances of it being leasehold are substantially lower

The chances are zero, given they also stated they're in Scotland.

I don't see any particular advantage in the OP instructing a solicitor (unless the other solicitor is being particularly awkward about dealing with an unrepresented party).

I'd imagine it's to ensure that the party relinquishing their ownership is doing so freely, not under duress and fully
understands the ramifications, especially that they can't later come back seeking financial remedy. It's not unusual to insist on independent legal advice when one party is effectively divesting themselves of a valuable asset. This could be something the mortgage lenders insist on or something the solicitors representing the OP's former partner requires/prefers. The OP should find out which because the first means getting a separate solicitor (perhaps the former partner would pay for that?) while in the latter case, indemnifying the former partner might suffice.

sheramber

It is so you get independent advice. 

Do I need a solicitor to transfer ownership of a property in Scotland?

A change of ownership is a complex legal process. We recommend that you use the services of a solicitor to help safeguard your valuable interests in land.

Remove a co-proprietor

You will need the consent of the co-proprietor if you want to remove them from the ownership of a property. This change of ownership will also require the registration of a disposition.

https://www.ros.gov.uk/services/update-the-land-register