Property Co-Ownership Disputes Solicitors
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Co-ownership disputes
Co-ownership FAQs
When does a co-ownership situation arise?
In the normal course co-ownership issues arises where two people buy a property together. Both individuals will have their names recorded as property owners within the Title Deeds to the property. Disputes can arise where the relationship between these two individuals breaks down and it is not possible for an agreement to reached regarding what should happen to the property. For example, one of the owner’s wishes to sell it whilst the other does not.
What is the status of someone who has contributed part of the purchase monies but who does not appear on the Title Deeds?
These days it is increasingly common for property purchases to be funded with monies provided by third parties such as relatives and friends. Purchases of this sort usually do not record the family member or friend as an owner of the property within the Title Deeds. This is because when the agreement to provide a contribution is arrived at it is always assumed that relations will remain amicable. However, relations can break down and in such circumstances the individual who has contributed purchase monies may want to have their interest recognised so that they can seek to recover their monetary contribution.
Are there steps that can be taken to seek to avoid co-ownership disputes?
The best way to protect yourself is to plan and to take advice before buying a property with someone else. This will enable you to understand the impact of living together and what needs to be considered to ensure that you are protected as much as possible.
A Cohabitation Agreement is an agreement which can outline the practical and financial arrangements of co-ownership. It can include details such as who will pay the mortgage, the household bills and how the property would be divided or dealt if you were to go your separate ways.
Can declarations of trust be used?
Declarations of trust can be used where property is bought in one person’s name using a financial contribution provided by someone else. In such circumstances, the trust document would serve to formally record the contribution and interest of the third party and will ordinarily provide details as to how the proceeds of sale are to be divided when the property is sold.
What can be done where only one of the co-owners wishes to sell?
Disputes of this nature are usually resolved by the co-owner who wishes to remain at the property buying the equity of the owner who wishes to sell. In such circumstances there are two main points to overcome. Firstly, the value of the outgoing owner’s equity needs to be agreed. Secondly, the co-owner who is remaining needs to be able to raise the monies required to purchase the other’s equity.
What can happen where one of the co-owners fails to co-operate?
It is not unusual for one co-owner to refuse to cooperate where the other wishes to sell the property. For the most part, any deliberate lack of cooperation is normally driven by three main factors. Firstly, the frustrations caused by the breakdown in any relationship between the co-owners. Secondly, one of the co-owners may have a significant attachment to the property. Thirdly, the co-owner who wishes to remain in the property may be unable to raise the monies required to buy the other’s equity and may also be unable to secure a mortgage on the property in their sole name.
How can you break any deadlock?
If it is simply not possible for one co-owner to reach an amicable agreement with the other the matter can be referred to court as a last resort. Where a matter is referred to court the judge will be asked to either enforce the terms of any agreement which binds the co-owners (such as declaration of trust or co-ownership agreement), or alternatively, if the co-owners did not make any prior arrangements, the judge will need to decide matters such as whether the property is to be sold and/or the value of each co-owner’s share.
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Our experience was absolutely fantastic. We are so grateful and lucky to have Sylvia Garcia as our solicitor. She was very approachable from day 0 until the end. She managed to speed things up and helped us at all times. We strongly recommend Eric Robinsons Solicitors. We had a very good experience with this company. Again, thanks Sylvia for your hard work, your empathy and for being so kind and understanding. Thank you very much !
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Sylvia Garcia
Sylvia Garcia. Professional Calm and detail orientated with your best interests at the forefront of the transaction.
I had a great experience with the…
I had a great experience with the Solicitor Sajith Pillai throughout my property transition. Great Service and Trustworthy Serivices. Transparency is the key merit for his services Regards, Umapathy
Emma Gillespie was fantastic
Emma Gillespie was fantastic. She is really on top of everything, very responsive and a pleasure to work with.
I’d like to say a big thank you to…
I’d like to say a big thank you to Donna and Greg for all the help during a very difficult time
Our experience was excellent
Our experience was absolutely fantastic. We are so grateful and lucky to have Sylvia Garcia as our solicitor. She was very approachable from day 0 until the end. She managed to speed things up and helped us at all times. We strongly recommend Eric Robinsons Solicitors. We had a very good experience with this company. Again, thanks Sylvia for your hard work, your empathy and for being so kind and understanding. Thank you very much !
I used emma for a purchase recently…
I used emma for a purchase recently highly recommend good fast service.
Sylvia Garcia
Sylvia Garcia. Professional Calm and detail orientated with your best interests at the forefront of the transaction.
I had a great experience with the…
I had a great experience with the Solicitor Sajith Pillai throughout my property transition. Great Service and Trustworthy Serivices. Transparency is the key merit for his services Regards, Umapathy
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