Property Co-Ownership Disputes Solicitors

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Dispute Resolution

Co-ownership disputes

Co-ownership FAQs

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.

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.

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.

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.

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.

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.

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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Excellent

Based on 490 reviews
02 Apr 2025

Leasehold Flat sale

Excellent service from start to end of process in the sale of a Leashold Flat, any questions answered promptly and was kept upto date with progress being made.


John Lavington
02 Apr 2025

Above and beyond hard working

Eric Robertson has been my family solicitors since I was a little boy (I am in my 50s). We have always used them as their dedication to help knows no bounds. Recently I dealt with Jodi, Sarah and Charlie in regards to a complicated house sale and they were amazing. I cannot recommend Eric Robertsons enough. 10 stars! (out of five)


Jamie Brown
02 Apr 2025

Completion with great experience

I have successfully completed the transfer of equity with help from Sylvia Garcia as my solicitor. The experience has been fantastic – I deeply appreciate her understanding of my personal situation and managed to give both guidance and priority at all time. She has been approachable and responsive. Thanks again for your time!


T.W.
01 Apr 2025

Excellent service

Excellent service provided by Emma at Eric Robinson Solicitors who undertook the conveyancing for the sale of our bungalow. She acted professionally throughout, was responsive and worked hard to secure completion in very quick time. Communication was first class, we were never left wondering what was happening, Emma gave us regular updates and notified us when things changed. Based on our experience, we would definitely recommend Eric Robinson Solicitors.


Richard Chinn
29 Mar 2025

Excellent service

Excellent service, always available, kept us well informed. Went above and beyond to help where needed


Anurag Agarwal
28 Mar 2025

Emma was amazing from start to finish

Emma was amazing from start to finish. She made the process of purchasing our first home stress free and kept us updated at all times. We felt confident and assured throughout the process and we could not recommend Emma enough. Thank you again.


Chloe Rogers
02 Apr 2025

Leasehold Flat sale

Excellent service from start to end of process in the sale of a Leashold Flat, any questions answered promptly and was kept upto date with progress being made.


John Lavington
02 Apr 2025

Above and beyond hard working

Eric Robertson has been my family solicitors since I was a little boy (I am in my 50s). We have always used them as their dedication to help knows no bounds. Recently I dealt with Jodi, Sarah and Charlie in regards to a complicated house sale and they were amazing. I cannot recommend Eric Robertsons enough. 10 stars! (out of five)


Jamie Brown
02 Apr 2025

Completion with great experience

I have successfully completed the transfer of equity with help from Sylvia Garcia as my solicitor. The experience has been fantastic – I deeply appreciate her understanding of my personal situation and managed to give both guidance and priority at all time. She has been approachable and responsive. Thanks again for your time!


T.W.
01 Apr 2025

Excellent service

Excellent service provided by Emma at Eric Robinson Solicitors who undertook the conveyancing for the sale of our bungalow. She acted professionally throughout, was responsive and worked hard to secure completion in very quick time. Communication was first class, we were never left wondering what was happening, Emma gave us regular updates and notified us when things changed. Based on our experience, we would definitely recommend Eric Robinson Solicitors.


Richard Chinn
29 Mar 2025

Excellent service

Excellent service, always available, kept us well informed. Went above and beyond to help where needed


Anurag Agarwal
28 Mar 2025

Emma was amazing from start to finish

Emma was amazing from start to finish. She made the process of purchasing our first home stress free and kept us updated at all times. We felt confident and assured throughout the process and we could not recommend Emma enough. Thank you again.


Chloe Rogers
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