Co-ownership of Property Disputes

At Roythornes, we understand that property disputes can be highly stressful, especially when your home is one of your most valuable assets. Our experienced private wealth dispute solicitors are here to guide you through these challenges with practical advice and tailored solutions to protect your interests.

We offer expert and practical advice on how to navigate a co-ownership dispute, working from a solution-oriented standing to achieve the best possible outcome for you. We will help you consider your current needs but also how your future may be protected by establishing solid formal documentation.

Whether through mediation or formal agreements, we prioritise preserving relationships and ensuring fair outcomes. You can trust us to put your interests first, using our expert alternative dispute resolution skills to save you stress, money and time at every juncture.

At Roythornes, our property dispute team can help with a range of circumstances where the co-ownership of the property has become difficult, including:

• Disagreements over selling: where one owner wishes to sell, but the other does not
• Unequal contributions: where one owner is not contributing fairly to the household (i.e. mortgage payments)
• Joint ownership of property with children
• Beneficial entitlement disputes: resolving disagreements regarding the beneficial entitlement of legally co-owned or single-owned properties

Get in touch with our property ownership dispute solicitors

It’s not too late to resolve your property disputes swiftly. For practical, sensitive help and advice, contact our dedicated solicitors in Alconbury, Birmingham, Nottingham, Peterborough or Spalding. We support clients in the Midlands and across the UK, delivering prompt solutions to protect your interests.

Our co-owned property dispute expertise

Disagreements over selling

There are legal ways to compel a sale for those who wish to sell the property but have a co-owner who does not. First, our solicitors will attempt an out-of-court approach by contacting co-owners to negotiate the details of a sale in a way that is favourable for all involved.

If negotiation proves unsuccessful, our solicitors can represent you in court to request an Order for Sale. However, we prioritise mediation and other out-of-court solutions to help you reach a resolution efficiently, preserving relationships wherever possible.

An Order for Sale can be requested under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), which allows the court to determine property disputes and enforce sales where necessary. Under TOLATA, the court will consider factors such as the intended use of the property and the financial needs of all parties, prior to making an Order for Sale.

Unequal contributions

If one or more of the joint owners is not contributing to the household in a manner that is reasonably expected of them, we can help you re-negotiate their share of the property or compel payments (potentially including back payments) to the property.

We can provide practical advice on how to negotiate with your co-owner in a way that minimises further delays and re-establish a shared sense of responsibility.

Joint ownership of property with children

Managing joint property ownership involving children often comes with unique challenges. Our solicitors are experienced in sensitively resolving these disputes, focusing on formal agreements that protect children’s stability and ensure clarity for all parties.

Our clients often have their property ownership disputes further complicated by the requirements of children and stability in their living situation. Rest assured that we regularly help to clarify ownership shares, financial responsibilities, and legal agreements that help stabilise property situations with the children’s best interests in mind.

Beneficial entitlement disputes

This is often complex and deeply personal, based on the relationship between the financial contributors to the property and their relevant legal portions of the ownership. Property ownership disputes can, therefore, stretch on for years without resolution.

Disputes over beneficial ownership often arise under equitable principles, with courts considering contributions to the property and the parties' intentions.

Roythornes offers our clients a practised and proven approach to resolving matters. We can first review any existing agreements and the history of financial contributions and ownership that affect the property split. We will mediate discussions when instructed and invite both parties to share their perspectives.

Once a compromise is found, we will draft a formal agreement that supports the new arrangements and prevents future disagreements over the beneficial entitlements.

If an agreement cannot be reached, our expert solicitors will pursue legal action on your behalf to achieve a practical and fair resolution, ensuring your financial and legal interests are fully protected.

Disputes that can arise from co-ownership of property

Most disputes that arise from the co-ownership of property are rooted in an unofficial ‘agreement’ that never got written into a legal contract. For example:

• The property was purchased in the name of a sole owner despite another individual contributing to the purchase price, mortgage, or property repairs.
• The property was purchased using a significant cash sum given to help with the costs, with the understanding that once the property was sold, the money would be paid back. Many first-time buyers face this issue.

At Roythornes, our team often help clients facing property ownership disputes due to perceived entitlement to a share of the selling profits. We understand that for many, the home is their most valuable asset, and our Residential Property Dispute team are specialists in helping clients protect their future.

Frequently Asked Questions about co-ownership of property

What are my rights as a joint homeowner?

In the UK, there are two common forms of joint ownership, being Tenancy in Common and Joint Tenancy.

Tenancy in Common is when each owner/proprietor owns a share of the property. These shares can be unequal, such as 70% to 30%, and there is no right of survivorship, meaning that should a tenant die, their share does not automatically go to the other owners involved. Tenants in common are free to sell or transfer their share at will.

Joint Tenancy, comparatively, is where each owner/proprietor owns an equal share of the property. There is an automatic right of survivorship, meaning that should atenant owner die, their share goes to the surviving owner(s).

Both tenants in common and joint tenants have certain rights, including:

• Right to occupy, meaning they have the right to access or live in the property, regardless of the size of their share.
• Ability to force a sale, meaning that if the owners cannot agree on how to use the property in question, then a court application can be made that forces a sale.
• Protection against unlawful eviction, meaning that no owner can forcefully remove or restrict access to the property from another.

If you’d like to know more about your rights in joint property ownership, don’t hesitate to contact one of our specialist solicitors today.

Do both parties need to agree to sell a house?

If you and your co-owners cannot agree on the sale of a property, the court can intervene by making an Order for Sale. This process can be complex, so seeking expert legal advice early is important to protect your interests and avoid unnecessary delays. Our solicitors can simplify this process, empowering you to act confidently in court proceedings.

Can a jointly owned property be sold by one owner?

Selling a jointly owned property requires the agreement of all co-owners. If a mutual consensus cannot be reached, one owner can apply to the court for an Order for Sale to force the sale of the property.

Tenants in common can sell their specific share of the property without needing full agreement, but the property as a whole cannot be sold without the consent of all parties or a court order.

How do I split ownership of a house?

If you want to split ownership of a property, you’ll need to first decide on the ownership structure, which will either involve Joint Tenancy or Tenancy in Common. Joint Tenancy will automatically split the property into equal shares, while the ownership percentage of those involved in a Tenancy in Common will need to be discussed and agreed upon.

A Declaration of Trust, or Deed of Trust, will be formally arranged, including all the ownership details. It can also outline how proceeds would be distributed if the property were to be sold and who is responsible for expenses such as mortgage and maintenance costs.

A Declaration of Trust must comply with the Land Registration Act 2002 to ensure it is enforceable and accurately reflects the ownership structure. It must also have been drafted by a qualified solicitor and registered with HM Land Registry to ensure that it is legally enforceable.

Why choose our property ownership dispute solicitors?

At Roythornes, we understand how important it is to resolve co-ownership disputes quickly and efficiently. Our solicitors provide expert advice tailored to your circumstances, ensuring your legal rights and priorities are fully protected.

Whether negotiating amicable agreements or representing you in court, we’re committed to achieving the best possible outcome while preserving relationships wherever possible.

As experts in private wealth law, we are in the perfect position to support you. We are Lexcel accredited, a testament to our fantastic standards of service and client care, and we are also members of STEP (Society of Trust and Estate Practitioners).

Our private wealth team consists of highly trained experts who hold various prestigious accreditations, committee positions, and memberships. Gavin Faber is part of the Birmingham Law Society Private Client Committee, as well as being a Committee member of Birmingham STEP branch and full member of ACTAPS. Gavin is also a Leading Partner in the Legal 500 and holds a Band 1 ranking in Chambers. Leah Merrifield and Emily Parry are members of the Contentious Trusts Association (CONTRA), and Jak Ward is recognised by the Legal 500 as a Next Generation Partner in the East Midlands region for Contentious Trusts and Probate work.

Get in touch with our property ownership dispute solicitors

It’s not too late to resolve your property disputes swiftly. For practical, sensitive help and advice, contact our dedicated solicitors in Alconbury, Birmingham, Nottingham, Peterborough or Spalding. We support clients in the Midlands and across the UK, delivering prompt solutions to protect your interests.