HELP WITH PROPERTY OWNERSHIP DISPUTES
Disagreements with a loved one can be complex and sensitive.
Throw in a dispute over Property Ownership and it can often escalate tensions and bring about unnecessary stress and anxiety.
Property disputes can arise for many reasons, including:
- Investment property owned between friends or family
- Co-habitants where one party owns the property, but the other party has made significant contributions to the purchase price and/or maintenance of the property
- Family or friends loaning money towards the purchase price on the understanding it is to be paid back
- One party wishes to sell the property and the other does not
- A co-owner dies
Each and every situation is unique but trying to reach an amicable solution whilst maintaining personal relationships and limiting emotional stress should always be kept in mind. This sounds simple enough but when you’re directly involved – it is easier said than done! This is where we can help.
Why should you use a Solicitor?
Before resorting to court proceedings, we will always try to reach a resolution with all parties where possible. Through utilising our knowledge and experience, this can be achieved through various methods such as negotiation and mediation which will seek to relieve tensions and provide an agreeable solution.
Should court involvement become necessary, this would usually mean issuing a court application under the Trusts of Land and Appointment of Trustees Act.
The court would then make a decision looking at the interests of the owners of the property, the welfare of any minor who occupies the property and also consider the original intentions of the parties when the property was first purchased. This will be different if the parties are married or cohabiting.
Orders that the court can give based on these assessments include:
- Force the sale of property
- Determine what share each party owns with regard to the property
- Enable third parties to recover their financial interest in a property
- Enable one party to regain access to the property when the other party refuses to leave
DECLARATION OF TRUST – Free Download!
If you are reading this and thinking about buying a property with someone else, then you could consider a ‘Declaration of Trust’ which would set out what each party has put in to avoid any dispute should you split up. Download our free PDF guide HERE>
Get in touch for a FREE no obligation chat to see if a declaration of trust is right for you. Telephone 02477 981545
How can we help?
Our solicitors will form part of your team and provide full guidance throughout the whole process. Drafting letters, acquiring documents and building a case on your own can be overwhelming and invoke immense pressure.
We can offer support and assistance to relieve those pressures, offer our vast understanding of property disputes and experience in the matter and help you achieve the desired outcome.
Any legal process will naturally stir up questions and doubts so call us now to have a chat and give yourself peace of mind. We are flexible, accessible and all initial enquiries are completely free of charge. We are open from 8am – 6pm Monday-Thursday and 8am – 5pm Friday.