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.
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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