Explanatory Notes

Family Law (Scotland) Act 2006

2006 asp 2

20 January 2006

The Act

Special destinations: revocation on divorce or annulment

Section 19: Special destinations: revocation on divorce or annulment

33.This section ensures that survivorship destinations (which are clauses in title deeds dealing with the ownership of property on death) become ineffective when  married co-owners divorce or when their marriage is annulled.  Provision is also made to protect a third party who buys the property from the surviving ex-spouse unaware of the divorce or annulment and protects the Keeper of the Land Register for Scotland from a claim being made by the deceased ex-spouse’s executors since the Keeper cannot rectify the Land Register against the third party.