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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11557
Experience:  30 years as a practising solicitor.
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I currently am a joint owner of a property where my co

Customer Question

i currently am a joint owner of a property where my co signatory left the country and fled to Australia without ever paying one pence towards the mortgage for the last 10 years. i would like her removed from the mortgage so i can decide what to do with the property myself. What would be involved in that and how simple/complex would the process be ?
Ps i have managed to trace her down before but i have no contact with her anymore.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.

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.

Expert:  JGM replied 1 year ago.

Let me know if I can help you further with this. Can you also remember to leave a positive feedback on the system so that the site credits me for my time. Thanks for using JustAnswer.