Scottish Law Questions? Ask a Scots Lawyer
There is no process to remove someone from the title to a property in Scotland without that person signing a deed transferring his or her share of the property to the other party, with the consent of the mortgage company of course. If the person is not available or not willing to transfer the property then the only alternative is to apply to the court to have the property sold, with the court papers served on the other party by virtue of a "whereabouts unknown" warrant. In that event, half of the sale proceeds would usually have to be retained as the share due to the other party, unless you include an application to the court for the whole proceeds of sale on the basis that the other person would be unjustly enriched were the proceeds to be divided equally. The procedure is quite complex and will require you to instruct a solicitor experienced in property and litigation.
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