Changing shared property ownership after divorce proceedings or civil partnership dissolution is a complex process.
This process varies greatly depending on your specific circumstances.
If you have recently separated, this reason by itself is not enough to transfer ownership of a property.
Registers of Scotland does not make any decisions about shared property in separations.
Removing the co-proprietor (co-owner)
If you intend to take ownership of the whole of a property, your former spouse or partner will need to sign a deed transferring their share to you or vice-versa, depending on the agreement. This will need to be registered in the Land Register.
Consent of your former spouse or partner is not sufficient to transfer their rights in property to you or anyone else.
Registration is a complex process. It can be easy to make a mistake, in the worst-case scenario you could lose the rights to your property.
We recommend that you safeguard your valuable rights by using the services of a solicitor. A solicitor will provide advice tailored to your needs and will safeguard your property.
Mygov.scot offers advice on the divorce and separation process.