Joint ownership disputes

Our joint ownership dispute solicitors act for co-owners across England and Wales when relationships break down, family situations change or co-investors fall out. The team is led by partner Shilpa Mathuradas and ranked by Chambers UK and the Legal 500 for property litigation.

Owning property jointly should be straightforward. When it isn’t, the issues can feel personal and the financial stakes are usually significant. We focus on resolving the dispute quickly and pragmatically, through negotiation and mediation wherever possible, and through the courts when the other side will not engage.

What is joint ownership of property?

In England and Wales, two or more people can own a property together in one of two ways. The distinction matters because it changes what happens to the property if one of you wants out, or if one of you dies.

• Joint tenants. Each owner has an equal share in the whole property. There is a right of survivorship, which means that when one joint tenant dies, their share automatically passes to the surviving joint tenants. You cannot leave your share in a will.
• Tenants in common. Each owner has a defined share, which does not have to be equal. There is no right of survivorship. You can leave your share in a will, and a declaration of trust can record exactly what each person owns.

If you bought a property together but never documented the ownership, the default position depends on the legal title at HM Land Registry. We will check the title, the conveyancing file and the parties’ contributions to work out where you actually stand.

Why joint ownership disputes arise

The trigger is almost always a change in circumstances. A relationship ends. A parent and adult child fall out. A sibling who inherited a share wants the money. An investment partner wants out.

We act on a full range of joint ownership disputes, including:

• Cohabiting couples who bought a home together without documenting their shares.
• One co-owner who paid more towards the deposit, mortgage or improvements and wants that recognised.
• Someone whose name is not on the legal title but who contributed financially and believes they have a beneficial interest.
• Parents who provided the deposit for a child’s purchase and want their contribution protected when the relationship ends.
• Co-owners who disagree about whether to sell, rent out, improve or live in the property.
• Inherited property where the beneficiaries cannot agree how to deal with it.

The most common scenario is a family breakdown. As a full-service firm, we work alongside our family lawyers where the dispute overlaps with divorce, arrangements for children or Schedule 1 Children Act 1989 claims, so you do not have to repeat your story to two firms.

Severing a joint tenancy

If you own a property as joint tenants and you want to end the right of survivorship, you can sever the joint tenancy. This converts the holding into a tenancy in common, with each party holding a defined share.

Severance is governed by section 36(2) of the Law of Property Act 1925. One joint tenant can serve a written notice of severance on the others. You do not need their agreement. Once served, the joint tenancy is severed in equity.

The practical steps are:

1. Serve the notice of severance on each of the other joint tenants in writing.
2. Register a Form A restriction with HM Land Registry using Form SEV. There is no fee.
3. Update your will to reflect the share you now own outright, which can be left to your chosen beneficiaries.

Severance is often the first step when a relationship is in trouble or when one co-owner wants to make sure their share passes under their will rather than to the other owner. It does not, by itself, decide the size of each party’s share. That is a separate question, often answered by a declaration of trust or by the court.

How joint ownership disputes are resolved

Most joint ownership disputes do not end up in court. They are resolved by negotiation, by mediation, or by a combination of the two. Where settlement is not possible, the formal court route is a claim under the Trusts of Land and Appointment of Trustees Act 1996. The court can order the sale of the property, declare the size of each owner’s share, and decide whether someone not on the legal title still has a beneficial interest.

For more on the formal court process, read our dedicated page on TOLATA claims.

The typical sequence looks like this:

1. Initial advice. We review the title position, contributions and conduct, and tell you what your share is likely to be worth.
2. Negotiation. We write to the other side setting out your position and what you would accept by way of settlement.
3. Mediation. Most disputes settle here. Mediation is faster, cheaper and gives both parties more control than a court order.
4. TOLATA proceedings. If settlement is not possible, we issue a section 14 claim asking the court for an order for sale, a declaration of beneficial interest, or both.
5. Trial. If the case does not settle, the court decides.

Throughout, we will be candid with you about the strength of your case, the likely costs and the risk of a costs order against you if you press on with a weak position.

Beneficial interest claims

You do not need your name on the legal title to have a stake in a property. If you contributed to the deposit, paid the mortgage, paid for substantial improvements or relied on an assurance that you would have a share, you may hold a beneficial interest under a resulting or constructive trust.

Beneficial interest claims turn on evidence: bank statements, conveyancing files, text messages, contemporaneous notes and witness evidence. The earlier you take advice, the easier it is to gather what you need.

These claims often arise between cohabiting partners after separation, between parents and adult children, and between siblings disputing an inherited property. They can be brought as part of a TOLATA application or as a standalone claim.

Inherited property disputes

Joint ownership disputes often arise when a property is inherited by two or more beneficiaries who cannot agree what to do with it. One may want to live in it; another may want to sell. There may be a sibling living in the property rent free while the others are excluded.

We resolve inherited property disputes using the same mix of negotiation, mediation and, where necessary, court applications. Where the dispute involves the administration of the estate itself, the validity of the will or a claim under the Inheritance Act 1975, we work alongside our contentious probate team.

Declaration of trust: preventing a future dispute

Many joint ownership disputes can be prevented by setting out the ownership arrangement at the point of purchase. A declaration of trust is a legal document that records exactly what each co-owner has contributed, what share each holds, and how proceeds will be divided on a sale.

We prepare declarations of trust for:

• Couples buying a home together with unequal contributions.
• Parents helping a child onto the property ladder who want their contribution protected.
• Friends or family members buying an investment property.
• Existing co-owners who want to formalise an arrangement that has only been agreed verbally.

If you already own jointly without a declaration of trust and you are worried about the future, it is rarely too late to put one in place. Read more about declarations of trust.

Costs of resolving a joint ownership dispute

Costs depend on how much the other side contests the issue. The main components are:

• Solicitor fees. Charged on an hourly basis. Cases that settle through correspondence or mediation cost a small fraction of fully contested proceedings.
• Court fees. If you have to issue a TOLATA claim, the court will charge an issue fee based on the value of the claim.
• Barrister fees. Specialist counsel is often instructed for advice at key stages and at any contested hearing.
• Expert fees. A valuation may be needed if the parties disagree about what the property is worth.

In most cases the losing party is ordered to pay a share of the winner’s costs. That risk is one of the strongest reasons to settle early through mediation. We will give you a clear costs estimate at the outset and keep it under review as the case develops.

Joint ownership case examples

£400,000 balancing payment after a long term cohabiting relationship. Our client and her former partner had cohabited since the early 1980s and owned two properties together. After the relationship ended, her former partner refused an equal split and claimed credit for improvements and for building up the holiday let as a business. We issued TOLATA proceedings and settled at mediation, with our client receiving a balancing payment of £400,000. Read the full TOLATA proceedings case study.

Mother and daughter dispute resolved at mediation. A mother and daughter disagreed about beneficial ownership of two properties, including one held under a declaration of trust the mother disputed. We were instructed mid-case, applied for a stay of proceedings and reached a clean break settlement in which each party took sole ownership of one property, with a balancing lump sum. Read the mediation case study.

Why choose Osbornes for a joint ownership dispute

Property litigation is its own discipline and our team of specialist solicitors is built for it. Shilpa Mathuradas leads the department and is recognised by Chambers UK and the Legal 500 for property litigation. She is regularly instructed in joint ownership and TOLATA disputes involving cohabiting couples, family disputes and high value beneficial interest claims.

We are pragmatic about settlement. Most joint ownership disputes are better resolved by negotiation or mediation than by trial, and we will tell you when that is the case. We are equally willing to fight a case in court when the other side will not engage.

Where a dispute overlaps with divorce, cohabitation agreements, Inheritance Act claims or contentious probate, we draw on the wider firm so you have one team handling the full picture.

Speak to a property litigation solicitor today

Call us on 020 7485 8811 or fill in the contact form below. We will arrange a call to talk through your situation and the options open to you.