When purchasing property in Scotland, there are many things you will require to consider. One of the most important things to think about is what you wish to happen with your property when you die. This is particularly important when you are purchasing with another person.

There are two ways in which a title can be ‘taken’ when purchasing in joint names. It is the title deed that is registered upon purchase of the property that details how the title is to be designed and so during the course of the transaction, your solicitor will ask you whether you would like for the property to be taken in ‘survivorship’ or ‘equally between you’. These are technical terms, and it is crucial to understand how each option works prior to making a decision so that you can effectively plan for the future.

Furthermore, you will want to ensure that your property is titled in the way that best suits your circumstances and future intentions.

Option 1: Pro indiviso shares (‘equally between you’)

Holding title in pro indiviso shares means each co-owner owns a distinct share of the property — usually 50/50 unless otherwise agreed. These shares are treated separately in the eyes of the law.

Key Features of Pro Indiviso shares:

• Each owner’s share passes according to their Will (or the laws of intestacy if there is no Will).
• The property does not automatically transfer to the other owner on death.
• Confirmation (the Scottish equivalent of probate) is required to deal with the deceased’s share.

When Might This Be Suitable?

• Couples with children from previous relationships, who may wish their share, or part of their share of the property, to pass to their children rather than to their partner.
• Unmarried couples or friends buying together who want control over what happens to their share.
• Estate planning for care home costs — keeping shares separate may help reduce the portion of the property taken into account for care fees after one party dies.

This structure provides flexibility and control over your share of the property but does involve more legal steps after death.

Upon your death, confirmation will have to be applied for (probate) in the first instance to affect the transfer of your share of the property, meaning that legal work would have to be instructed.

Option 2: Survivorship Clause (“Equally Between You and to the Survivor of You”)

A survivorship clause — sometimes known as a special destination — means that the property passes automatically to the surviving co-owner on death, without the need for confirmation (probate). This option is often used by married couples and those in long-term relationships who wish the surviving partner to inherit the whole property without further legal work.

In most cases, when a survivorship clause is used, each party will take title to the property equally and be treated as joint owners of the whole property.

Key Features of Survivorship:

• The surviving owner automatically inherits the deceased’s share, regardless of any wishes expressed in a Will.
• No confirmation is required to transfer the title, meaning that no further legal work is required.
• It can only be removed by joint agreement or on divorce — not simply by separating.

It is important to note that if parties separate, but do not formally remove the survivorship clause, the survivor will still inherit the whole property even if the couple has not lived together for years. This can lead to unintended and difficult consequences, particularly if the other party has a Will stating different wishes.

What If We Contribute Unequally to the Purchase Price?

 It is very common for joint purchasers to contribute different amounts towards the deposit or overall cost of a property. This can raise concerns about how each person’s contribution is protected, particularly if the relationship were to break down in future.

Even where contributions are unequal, many couples choose to take title in equal shares for simplicity — and, in some cases, to include a survivorship clause so the property passes automatically to the surviving owner on death.

If you intend to contribute unequally to the purchase price, it is common to take title equally and enter into a cohabitation or deposit protection agreement to record your respective contributions and protect your financial interests during your lifetime. This agreement can help avoid uncertainty or dispute later and provide clarity if the property is sold or one party wishes to move on.

Your solicitor can advise you on the best structure for your circumstances and prepare an appropriate agreement alongside the conveyancing process.

How Should You Decide?

Choosing how to take title is a significant legal and personal decision. The right option depends on your relationship, your family situation, your intentions for succession, and your long-term plans.

Your solicitor will discuss both options with you during the conveyancing process, explain the implications, and help you make an informed decision that reflects your wishes and protects your interests.

CONTACT OUR RESIDENTIAL CONVEYANCING SOLICITORS BASED IN ABERDEEN & STONEHAVEN TODAY

If you are buying or selling a property and think servitude rights may be required — or if you are unsure whether existing access or use rights are properly documented — our experienced conveyancing solicitors can help.

We regularly advise on the creation, verification, and exercise of servitude rights across a wide range of rural and urban properties. Whether you need to establish access, formalise long-standing use, or explore alternatives such as title indemnity insurance, we can guide you through the process clearly and efficiently.

Our conveyancing solicitors are friendly and approachable –if you have any questions throughout your business with us, we are always available to discuss these matters with you, and we offer a direct line to our partners should you require it.

Call us on 01224 945594 or complete our online enquiry form.