Keeping a Property Sale on Track When There’s More Than One Owner or an Executor
Buying or selling property can involve more than one legal owner — or, in the case of an estate, an executor acting on behalf of someone who has died. Both situations are common, but they do add steps to the process.
Hastings Legal can guide you through what’s needed so the sale or purchase stays on track.
Joint Owners
When a property has more than one legal owner, all owners must be involved in the conveyancing process. This applies whether you are selling, remortgaging, or transferring ownership.
Key Points for Joint Owners
- Agreement is essential – All owners must agree to the sale or transfer before we can proceed.
- Signatures required – Each owner will need to sign the legal documents. These can be signed separately if you live in different places, but timing needs to be managed carefully.Agreement is essential – All owners must agree to the sale or transfer before we can proceed.
- Type of ownership matters – In Scotland, you can own property as “joint owners” (equal shares) or in specific shares. We will confirm this from your title deeds and ensure the sale or purchase is handled correctly.
Executors
If you are selling a property as the executor of an estate, or buying from an executor, the process includes extra checks.
Key Points for Executors
- Executor authority – We need to see the Confirmation (the Scottish equivalent of probate) before the sale can proceed.
- Clear title – The title deeds must be updated to show the executor’s authority before the transfer can complete.
- Timescales – Estate sales can take longer, especially if Confirmation has not yet been granted.
How Hastings Legal Helps
Whether you are a joint owner or an executor, we will:
- Confirm what documents and authority are needed before the sale or purchase can move forward.
- Liaise with all parties to ensure documents are signed and returned on time.
- Keep you updated on any steps that may affect the timescale.
Our role is to make sure everyone’s legal position is clear so there are no last-minute delays.
Contact Us
For advice on buying or selling with joint owners or as an executor, contact Hastings Legal on 01573 226999 or enq@hastingslegal.co.uk.
