Co-ownership of property in Scotland

The owner of a house is the person whose name is on the title deeds. These are legal documents that are used to show who officially owns a house or piece of land, as well as other relevant information about the property. Title deeds are registered in the Land Register, a public register covering land and property in Scotland. What this means is that the owner isn't necessarily the person that paid for the house. Instead, what is important is who is registered as the owner.

Yes, you can choose to register as joint owners of the property. There isn't a limit on the number of joint owners that can be registered, but the more owners there are, the more issues there may be when it comes to managing the property and ultimately selling it. For example, having more than four may make it more difficult to get a mortgage. Further, making important decisions about the property will require the agreement of all of the joint owners. This includes deciding to rent the property out, sell it, or take a loan out against it.

Being a joint owner of a house doesn't mean you will own an equal share. The amount that you own will depend on the agreement that is made at the time you buy. One person might hold a more significant share if they have paid more in terms of the deposit or mortgage, or because they are going to spend more on improving or repairing the property.

When registering the property in the Land Register the title deeds should state how shares in the property are divided up. You should speak with a solicitor for guidance on what ownership arrangement will work for you and make sure this is registered to reflect this.

A survivorship clause is a formal legal clause that can be inserted into the title deeds of the property meaning that a joint owner's share in the property will pass to another joint owner when they die. For example, unmarried partners may wish to use a survivorship clause to make sure the surviving partner receives their share of their house. Survivorship clauses are also sometimes used for tax purposes. A solicitor can advise on whether a survivorship clause is a good option for you.

If your circumstances change and a joint ownership arrangement is no longer practical there are a number of options available, which will often depend on your particular circumstances and any agreement reached with the other joint owner. You might wish to buy their share, sell their share to another joint owner, or sell the house and share the profits. It is advisable to have a formal record of any agreement you make. A solicitor can give you advice on making such an agreement and draft this on your behalf. For more information, Ask a lawyer.