Joint Ownership Disputes

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.

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. 

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.

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.