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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11271
Experience:  30 years as a practising solicitor.
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Applicable to Scottish Law, I and one other individual each

Customer Question

Applicable to Scottish Law,
I and one other individual each own 50% of a house in Scotland, there is no mortgage on the house ( I bought it and gifted his 50% SHARE to him, he is my nephew) we recently completed a remodel and he said he would like to move him, I asked him (and his girlfriend) sign a lease , he refused and has moved in prior to the remodel being complete, I again asked him to sign a lease and he refused and also refuses to pay any rent whatsoever. He is out the country for 3 weeks and I have a tenant who wants to lease it. I want to sign a lease with the interested party and have him move in prior to the co-owners return. What recourse does he have in removing the " leaseholding and RENT PAYING tenant? What recourse does he have against me considering he refused to sign a lease and refuses to pay rent?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.

Joint ownership in Scots law is such that unanimity is required for anything connected to a heritable property. What that means here is that he can't move in without your permission and you can't let out the house without his permission. If you can't agree, and neither is prepared to allow the other to buy out his share, the sole remedy is that the house is sold and the proceeds divided. Happy to discuss further.

Customer: replied 1 year ago.

Ok he has moved in without my permission , can I move in also ? and tell him I,m going to be living there also ? short of the house being sold what are my options if any?

Expert:  JGM replied 1 year ago.

Yes you can move in as well. That is your only other option short of selling the house, in th absence of agreement.