Cohabitation in Scotland In Scotland, the terms “common tenants” and “common tenants” do not apply, although the law is similar. A couple living together can keep a common property in common name by stating in the title name (with a survival clause) that each of them leaves the property to the other if one of them dies. Common property is an opportunity for couples to buy and own a property together as a “common tenant” or “common tenant”. Everyone has their own legal consequences, so it`s important to make sure you know which option is best for you. If you buy a property with another person or person, you buy either as a “common tenant” or as a “share tenant.” Watch our short video to discover the most important differences between the two options. The lease is a kind of consumer contract, so it must be written in clear and understandable language. It must not contain clauses that could be “unfair.” An abusive clause is not valid by law and cannot be enforced. This means, for example, that the lease is not: if one of the tenants dies, the property is automatically and immediately transferred to the surviving tenant, according to the principle of the “right of survival”. The property is not part of the deceased`s estate and, therefore, the surrender of the property is not affected by any possible will. You can establish a legal agreement (known as a statement or an act of trust) before you meet, things like: you or a legal expert must complete a legal document called trust deed to confirm that you want to become all common tenants. If you`ve ever had an act of trust, you need to update it. Any co-owner should be advised, regardless of legal advice, to ensure that the agreement is properly drafted and that it fairly represents their interests.
Although it is most common for people to buy with another person, it is in fact possible that up to four people are legitimate co-owners of a property, even if they are not related. You need the help of a lawyer if you want to spend together from the owner of common tenants to the tenants. It has nothing to do with rent in the normal sense. This is when a property is in the possession of two or more people known as “co-owners.” It is the most common form of co-ownership for couples in a marriage and life partnership, but it may also be suitable for unmarried couples. If you feel that your rental agreement may contain abusive conditions, you can contact your nearest citizen`s advisory office. Yes, you can register as a co-owner of the property. There is no limit to the number of co-owners who can be registered, but having more than four can make it more difficult to get a mortgage. Making important decisions about the property requires the agreement of all co-owners. These include the decision to lease, sell or take out a loan. The lease you have depends on your situation, not what your agreement says. It is a good practice that a written lease contains the following details: Your agreement could say that you have a certain type of lease – but the type of lease you actually have might be different.