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HMRC internal manual

Inheritance Tax Manual

Types of joint property in Scottish law: introduction

In Scotland there are two main types of joint ownership situation. These are

  • the joint property rights of trustees and partners (IHTM15092) and
  • ‘common property’ (IHTM15093) - ‘pro-indiviso’ (meaning ownership in individual shares) is another name for this arrangement

Most joint property is held as common property, where each joint owner has a separate title to a specific share which they can transfer separately. The devolution depends on who provided the property and how parties have chosen to dispose of it, for example by special destination (IHTM15050).