Investing in or owning a property with your family, friend or a co-habiting partner does not always go well. Instead, it can result in a drawn-out dispute on whether you should sell a property or who is entitled to the proceeds from the sale.

These co-ownership disputes usually occur between unmarried couples who may have purchased a property in joint names and later have to separate. They also happen if only an individual such as a family member or friend is registered as the sole owner of a property but someone believes they are entitled to receive a share in the property due to an agreement between the parties or because a joint owner is refusing to sell.

It is important to understand that separating after co-habitation works differently from divorce. In the case of the latter, the separating co-owners must divide their shared assets and liabilities. This usually includes the property they share.  However, when it comes to co-habitation, different rules apply. This can lead to a number of issues for the party who may have made contributions to a property but is not named as a registered owner.

At Parker Harrison Solicitors, we act on behalf of individuals claiming or challenging an interest in a property, those seeking an order for sale or a declaration of trust. This includes Trust of Land and Appointment of Trustees Act 1996 (TOLATA) claims.

We have many years of experience in handling co-ownership disputes and help our clients achieve the best possible outcome and move on. Such experience has included dealing with complex arrangements between family members and co-habiting couples.

Over the years, we have advised both claimants and defendants involved in such disputes. As a result, we are fully aware of the legal and tactical positions that can prove beneficial to you. We can review the details of your case and gather the necessary information required before moving to negotiate with the other party. If necessary, we can also help you take legal action against the other party and file a TOLATA claim. Under this claim, the court can determine the extent of a party’s interest in a property or land. It also decides how to deal with that interest and provide a fair decision.

If you find yourself in the middle of a co-ownership dispute, Parker Harrison Solicitors can help by assisting in a variety of ways such as seeking a settlement agreement, drafting a declaration of trust or taking court action when other avenues have failed.