Property Ownership Disputes
Joint Ownership Disputes And Shares In Property
If you are caught up in a dispute with a partner, family member, friend or business associate over a property that you own together, we can help. Our specialist solicitors are experts in the industry. We work hard to protect your investment and secure the best possible outcome for everyone involved
Shilpa Mathuradas Partner
Joint property ownership disputes solicitors
Owning property jointly with a partner or friend should be a straightforward experience, but sometimes it results in a challenging dispute with someone close to you. At Osbornes Law, we go the extra mile to deal with your ownership dispute quickly so that you can all move on to the next stage in your lives. We understand that co-owned properties are not only a place for you to live in, but also a significant financial investment. We work hard to help you protect that.
About jointly owned property disputes
It’s common for couples, family members, friends and business partners to buy property together. But what happens when the relationship breaks down? In these situations, disputes can arise easily. Essential to resolving the problem is understanding what each owner is legally entitled to, so everyone can walk away happy.
Our property litigation solicitors advise both residential and commercial property owners on the best options to protect their interests. We offer expert advice in a wide range of situations:
- Cohabiting couples who purchased property together without documenting their ownership shares
- Where someone’s name is not on the title but they contributed to the purchase price, mortgage payments, improvement works or household expenses
- Where parents have provided the deposit for a property purchased by their child, and the relationship later breaks down
- Disagreements between co-owners over what they should do with the property, such as sell it, improve it, live in it or rent it out
- Problems with inherited property where the owners disagree on how to deal with it
The most common property ownership disputes involve family breakdown which means there is a lot at stake. As a full-service law firm, we can lean on the expertise of property litigation lawyers and family lawyers to resolve your property ownership dispute and put all the protections in place for a stress-free future.
To learn more about how our expert team can help, please call us today or fill in an online form and we will call you back.
Shilpa really helped us take charge of the situation and helped resolve this property dispute. I would not hesitate to recommend her or the team to anyone in a similar situation.
On first meeting Shilpa I was sure that she understood immediately my requirements, and was sympathetic both to my financial restraints and my emotional state. She achieved everything I asked of her and proved to be invaluable, professional and efficient
At every step Shilpa alleviated any concerns and stresses we had. Always fast to respond, always professional and super knowledgeable.
Shilpa has helped us through some key property litigation matters (residential and commercial) since 2014 and has delivered on every occasion. One particular issue had kept us in a state of stress and tension for almost a decade and after getting in touch with Shilpa she was able to help us bring the matter to a peaceful and successful conclusion.
I received a call from Shilpa Mathuradas a couple of hours after filling the enquiry form for a callback. She actively listened to my party wall concerns responding with gentle professionalism, answering my concerns, letting me know what is and is not possible and when best to bring in a solicitor. All this within 10 minutes. Excellent.
"They are an outstanding firm to work with. They are consistently impressive in their work."
Excellent in every aspect.
If I had another reason to have to seek legal advice again, I wouldn’t hesitate to use Shilpa, and would recommend her to anybody who needed legal advice.
Shilpa was professional, realistic, and unflappable. Shilpa managed to persuade a reluctant witness to come forward to support my case. She obviously knows her subject very well.
I always had full confidence in Shilpa keeping my best interests at heart. I often didn’t understand the legal language, and she would follow this up with a phone call and patiently explain.
Property Ownership Disputes FAQs
What is joint ownership of property?
When two or more people own a property, they do so either as joint tenants or tenants in common.
Joint tenants own the property in equal shares regardless of how much each owner contributed to it.
Tenants in common may own the property in equal or unequal shares – for example, 60/40, 70/30 or 20/30/50. Each owner’s share is usually agreed upon when they purchase the property. This should be written down in a Declaration of Trust.
Why do property ownership disputes arise?
Often, a dispute will arise when the property owners cannot agree whether to sell a property. If they don’t agree, then one of the owners will have to apply to the Court for an order that the property be sold.
The issue then is how to divide the sale proceeds. A second dispute may arise when there is no Declaration of Trust and the owners do not agree on the ownership share.
We deal with a wide range of circumstances in which disputes like these have arisen. Our property ownership disputes team has considerable experience in this area and offers high-quality advice in a pragmatic way.
How do you resolve property ownership disputes?
The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) allows the Courts to make certain decisions about how a property is owned. The Court cannot vary who owns the shares in a property, but they can look at all the facts and make a declaration of ownership.
Some of the things a Court will look at include:
- Who contributed what to the purchase price
- What the owners’ intentions were at the time of purchase
- Whether anyone spent additional money spent on the property, such as paying for a new kitchen or roof repairs
- Whether someone paid the mortgage, rent or household bills
Fortunately, litigation is not always necessary. Our team of property litigation solicitors have a strong record of resolving ownership disputes through negotiation, mediation and other collaborative practices. We will always try to get a good result for you by negotiating with the other side from a position of strength.
If the claim must face court action, we will be there to fight your case when the time comes.
How do I avoid joint property ownership disputes?
For property co-owners, prevention is always better than cure. You can avoid many disputes by choosing the right ownership structure before you buy a property with someone, and making sure that your intentions are recorded in a Declaration of Trust. By having a written agreement, it is a lot clearer from the beginning where both parties stand.
Where disputes do arise, we can step in to help you with legal backing. With an expert team at your disposal, you’ll be best placed to succeed in your case.
Why choose Osborne’s property ownership solicitors?
Our specialist property disputes solicitors have over four decades of experience helping property co-owners with their ownership disputes. Our firm is top rated by several independent legal directors, including Legal 500 and Chambers and Partners, so you can be assured that you will deal with some of the best property disputes solicitors in the country. We believe in the personalised approach, so that’s exactly what you’ll receive.
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The Property Litigation Team View the whole team
William Ford Partner
Housing & Social Care
Shilpa Mathuradas Partner
Arjun Jethwa Associate Solicitor
Housing & Social Care
Manjit Mandair Associate Solicitor
Housing & Social Care
Angela Marangone Trainee Solicitor
Rory Matheson Solicitor
Housing & Social Care