If you own a property with someone else, the way your ownership is recorded in the title deeds matters.
In Scotland, there are two main ways to hold property jointly — each with different legal consequences.
Understanding these differences can help you make informed decisions, whether you are buying a home, updating your title deeds, or planning for the future.
Hastings Legal can take your instructions, prepare the necessary legal documentation, and register changes to your title deeds.
The Two Main Types of Joint Ownership
1. Joint Names (Survivorship Destination)
- Each owner holds the property together as a single legal unit.
- If one owner dies, their share automatically passes to the surviving owner, regardless of what is stated in their Will.
- This is common for married couples or civil partners who want the survivor to inherit automatically.
The survivorship clause must be expressly stated in the title deeds.
2. Joint Names with Separate Shares (Pro-Indiviso Shares)
- Each owner has a distinct share in the property (for example, 50/50 or 60/40).
- Shares can be equal or unequal.
- On death, an owner’s share passes according to their Will or the rules of intestacy, not automatically to the co-owner.
- This arrangement is often used for business partners, friends buying together, or family arrangements where flexibility is required.
For more on survivorship clauses and estate planning, see our Wills and Estate Planning guides.
How the Title Deeds Record Ownership
The title deeds — also called the Land Register title sheet (maintained by Registers of Scotland) — state:
- The names of all owners
- The type of ownership (joint tenancy or tenancy in common)
- Any survivorship clauses or special provisions
If the deeds are unclear, Hastings Legal can obtain an official copy from the Land Register and confirm the current position.
Changing the Ownership Structure
There are many reasons you might want to change how a property is held, including:
- Adding or removing an owner (for example, after marriage, divorce, or separation)
- Removing a survivorship clause to allow your share to pass under your Will
- Converting from joint tenancy to tenancy in common for tax or estate planning reasons
- Transferring part of your share to another person
When instructed, Hastings Legal will:
- Review your current title deeds
- Draft and prepare the required deed or disposition
- Arrange for signing and, where needed, lender consent
- Register the change in the Land Register
Costs and Timescales
The cost will depend on the complexity of the change and whether additional legal work, such as updating a Will, is required.
Registration fees are set by Registers of Scotland and vary depending on the property value.
Simple changes can often be completed within a few weeks once all documents are signed.
To discuss your circumstances and obtain a quotation for this work, please contact Hastings Legal.
Why Professional Legal Work Matters
Incorrect or unclear title deeds can cause serious problems later, particularly on sale or after an owner’s death.
By instructing Hastings Legal, you can be confident that your intentions are clearly set out, properly documented, and legally effective.
