Property Co-ownership Disputes

What Is a Property Co-Ownership Dispute?

Property co-ownership disputes arise when two or more people own a property together and cannot agree on issues that arise in the context of any property ownership or a non-owning party tries to claim a beneficial interest in the property. 

Common issues include:

• When, how and to whom the property should be sold.
• Unequal financial contributions to the purchase price, improvements to the property and/or other payments associated with property ownership.
• One party refusing to leave or cooperate.
• Lack of clarity over ownership shares.

Co-ownership disputes can affect:

• Couples (married, civil partners, or unmarried) who jointly own property.
• Families building and maintaining intergenerational wealth.
• Friends or business partners  who have purchased property together either to live in or as an investment.

How We Can Help

Co-ownership disputes involve complicated principles of property and trust law and are often fraught with emotion especially if the co-owners’ relationship has irretrievably broken down. Our team of specialist lawyers are not just trust and property law practitioners, they are experienced litigators which means that they have the knowledge and skill to choose the right course of action for each client.

This might involve any or a combination of the below:

• Legal advice and negotiation – helping clients to understand their legal rights and to guide them through the process of negotiating a fair and reasonable agreement.
• Bringing or defending court applications seeking orders for sale and declarations of ownership under the Trusts of Land and Appointment of Trustees Act 1996 (otherwise known as TOLATA).
• Equitable accounting and/or occupational rent;
• Mediation and alternative dispute resolution – avoiding court where possible.
• Settlement agreements – formalising arrangements to prevent future disputes.

If the co-ownership dispute arises out of a client’s divorce or legal separation then we will work with our family law colleagues to ensure that this aspect of the process is handled expertly and seamlessly.