Property Ownership Disputes
Property ownership disputes can arise between joint owners of a property, or between the owner and another party with a financial interest in the property. Our property disputes solicitors can provide advice on making property and defending property claims.
When do property ownership disputes occur?
Property ownership disputes can arise in a variety of different circumstances, including:
- Breakdown of a relationship between a cohabiting couple
- Loans and gifts from family or friends towards the purchase of a property
- Refusal of a joint owner to cooperate in the sale of a property
- The financial interest of a party who is not the legal owner of a property
- Business partners who personally own commercial property
What are the options for resolving a property ownership dispute
The majority of property ownership disputes can be resolved by negotiation and mediation between the parties. Disputes often involve conflict between family members and therefore it is usually in everyone’s interests to resolve the dispute sensitively and without resorting to litigation. However, it may be necessary for the court to become involved should the alternative avenues not produce a satisfactory outcome. Your solicitor will be able to explain your options, depending on the details of your case.
What is a ToLATA claim?
A property ownership dispute may be dealt with under the Trusts of Land and Appointment of Trustees Act 1996 (ToLATA). This is often referred to as a ToLATA claim. The court will consider the evidence as to how the property was purchased or invested in, and establish how any equity within the property should be divided between the parties. The court may also order the sale of the property, or otherwise decide how each of the parties’ interests should be dealt with.
Is there a time limit to make a property ownership dispute claim?
Claims involving civil law usually have to be made within six years of the event. We strongly recommend seeking legal advice as early as possible from a property disputes solicitor.
Contact us to discuss your case with a member of the disputes and claims team.
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