Co-ownership Disputes

Co-ownership disputes can arise where two or more co-owners of a property cannot agree on the disposal of a property. For example, the parties may be unable to agree on:

1. When a property should be sold.
2. Which party is entitled to what shares from the proceeds of sale.

These issues commonly arise where co-owners are an unmarried couple who take the decision to purchase a property in joint names but later decide to separate or it could involve co-investors who have decided to go their separate ways and now wish to obtain their share of the property but cannot agree on when the property should be sold and who is entitled to what share.

Co-ownership disputes are often governed by a piece of legislation known as the Trusts of Land and Appointment of Trustees Act 1996 (or commonly referred to as “TOLATA”).

If a matter cannot be resolved informally or through alternative dispute resolution (see our mediation page), it may be necessary for a party to make an application to the court to assist in resolving this dispute. When the courts consider such co-ownership disputes, they must consider a wide variety of factors when making a judgment. These factors include (but are not necessarily limited to):

1. The intentions of the parties when they opted to purchase the property in joint names.
2. The purpose for which the property is held.
3. The welfare of any children who call the property home.
4. The interests of secured creditors, for example mortgage companies.

When assessing the above factors, the court is going to want to see as much evidence as much. Therefore, if you are currently involved in a co-ownership dispute, it would be helpful for you to consider collating as much evidence as possible.

If you are currently involved in a co-ownership dispute or think you may be embroiled in, we can assist you in:

1. Reviewing your position and evidence.
2. Work with you in assessing your prospects of success.
3. Assisting in alternative dispute resolution to avoid the costs of court proceedings.
4. Commence a formal application in court and support you through court proceedings.
5. Work with you to robustly defend or resist a formal court application.

https://www.legislation.gov.uk/ukpga/1996/47/contents