Buying property with family, friends, or partners is becoming more common than traditional joint ownership between spouses. However, complications often arise when co-owners disagree, separate, or simply want to cash out for retirement or new investments.
Our dispute resolution team specialises in navigating these sensitive and complex situations.
Disputes between property co-owners
Buying property with family, friends, or partners is becoming more common than traditional joint ownership between spouses. However, complications often arise when co-owners disagree, separate, or simply want to cash out for retirement or new investments.
Our dispute resolution team specialises in navigating these sensitive and complex situations. We have extensive experience assisting with:
- Unmarried couples, whether the property is in both names or just one.
- Family contributions, such as parents helping children buy a home.
- Investment property ventures between business partners or relatives.
- Multi-generational living, including older family members moving into their relative’s home rather than moving into care.
- Co-ownership among extended family members.
What is my share?
For most homeowners, this will be evident from the transfer deed that was executed when the property was purchased.
In more complex cases however we would need to consider several factors to determine a person’s share in a property such as
- Financial contributions – this includes initial deposit, mortgage payments, and capital improvements made to the property.
- Declaration of trust – Whether there was a “declaration of trust” that explicitly outlined each person’s ownership percentage.
- Informal agreements – in the absence of formal documents we would consider verbal discussions or common intentions agreed between co-owners at the outset.
What next?
Many disputes with co-owners can be resolved through Alternative Dispute Resolution (ADR). This involves trying to reach an agreement without involving the court, such as mediation or negotiation.
However, if court intervention is needed, we are able to support you with your TOLATA claim.
What is a TOLATA claim?
TOLATA claims are claims under the Trust of Land and Appointment of Trustees Act 1996 where the court is asked to resolve disputes over property ownership; common court orders include:
- Defining shares – Formally calculating the exact percentage of the property each co-owner owns.
- Establishing an interest – Determining if someone who contributed financially (but isn’t on the tile) is legally entitled to a share
- Forcing a sale – Ordering that the property be sold so that the co-owners can obtain their money.
- Occupational rent – Ordering the occupying co-owner to pay rent to a co-owner who has moved out
Our dispute resolution team provides clear and pragmatic advice whether you are pursuing a claim or defending it.
TOLATA claims: Frequently asked questions
Below you will find answers to some frequently asked questions that our Dispute Resolution team are asked with regard to TOLATA claims.What evidence is required before issuing a TOLATA claim?
What factors will the court consider when determining a claim?
Is there a time limit on starting a TOLATA claim?
How long does it take to resolve a TOLATA claim?
Find out more about the team
