Co-ownership

There are many reasons why people own property together. You may have bought a home with a partner, invested with family or friends, or inherited a share of a property. When circumstances change, disagreements can arise. Co-owners don't always agree on who should live in the property, how costs should be shared or whether the property should be sold. If you're involved in a co ownership dispute, we'll explain your legal position and help you to try and find the best way forward.

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Relationship breakdown

If your relationship has broken down, the advice you need will depend on whether you're married and whether children are involved. If you're married, or arrangements for children form part of the dispute, please contact our Family Law team. If not, our Dispute Resolution team can help you resolve your co ownership dispute.

Where do I stand legally?

Most co ownership disputes are governed by the Trusts of Land and Appointment of Trustees Act 1996. This is because legally all co-ownerships are a trust of land. This law sets out the rights of people who own, or have an interest in, a property together. As soon as more than one person owns a property, or someone has a financial interest in it, the law usually treats it as a trust of land. The legal position can be different if the property was left by someone deceased.

Can a co-ownership dispute be resolved without going to court?

In many cases, yes. Many co-owners are able to reach an agreement without going to court. We can help you negotiate a solution, protect your interests, and explain the options available to you. If needed, mediation can also help everyone reach an agreement. Resolving a property dispute outside of court is often quicker, less stressful, and more cost effective.

What happens if we can't reach an agreement?

If you can't reach an agreement, the court will look at several factors in deciding what should happen and will consider why the property was bought, the intentions of those involved, and how it has been used. It can decide whether the property should be sold, who can remain there, and how any sale proceeds or costs should be divided. We'll guide you through the process and protect your interests.

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Thank you to Danielle for all her effort during this process, obviously not one I wanted to be in, but Danielle has made it a much clearer and less stressful one.
Commercial Dispute Resolution Client
Trusted by organisations, families and professionals across the UK
Just wanted to say that Danielle's helpfulness, generosity of time, and straightforward way of discussing things so far have already been really refreshing regarding this awkward process. It is really appreciated.
Commercial Dispute Resolution Client
Trusted by organisations, families and professionals across the UK
Paula was brilliant throughout, providing help, support and advice during an incredibly long and drawn-out situation that should never have reached that point in the first place. I’m truly grateful for everything she did.
Commercial Dispute Resolution Client
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I was impressed by the team at Black Solicitors LLP. Every member of staff I dealt with was pleasant and professional, demonstrating a clear commitment to helping me rather than just driving up costs.
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My first time using blacks, I've used a few solicitors over time, working with team at Blacks has been effortless and efficient, I would be happy to recommend and use again.
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It’s clear that client care and hospitality are taken seriously here. I would highly recommend Blacks to anyone looking for a professional, welcoming and experienced legal firm.
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There are two stand-out individuals I feel it is necessary to mention. I have had the pleasure of working with both Andrew Morgan and Darren Morgan as part of the legal team on a recent trial. It has been clear throughout my time working with them that the client feels entirely at ease with each of them – they are trusted and have a way of ensuring the clie
Commercial Dispute Resolution Client
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Luke Patel is highly experienced in a range of disputes, often property-related. Darren Morgan brings a very calm air to matters, such that clients have great confidence in his unruffled manner. Yat Wong is particularly experienced in professional negligence matters. Aimee Hutchinson has a wide range of experience including in judicial review matters arising
Commercial Dispute Resolution Client
Trusted by organisations, families and professionals across the UK
Luke Patel is stand out. Very ‘savvy’. Sound judgment. On top of the issues. Deploys commercial outlook. Excellent client dealing skills.
Commercial Dispute Resolution Client

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