Property ownership disputes

When two or more people own a property together, disputes can arise over their respective shares or rights. This often happens when the initial ownership agreement is unclear or when one party feels they have contributed more than the other. Whether it’s a case of friends, family members, or business partners, joint ownership disputes require careful legal analysis to determine each party’s entitlement.

Ownership isn’t always determined solely by whose name is on the title. Many disputes revolve around who has contributed financially or invested time and effort in improving the property. You may have invested significant money or carried out substantial work on a property, only to find your entitlement is being questioned. Establishing the value of these contributions and ensuring they are recognised legally is a critical part of resolving these disputes.

Intentions can change over time, especially in relationships or business arrangements. What starts as an informal agreement can evolve into a complex dispute, especially if no formal documentation exists. Whether you entered into a verbal agreement about ownership or the original terms have shifted, proving those intentions can be difficult without proper legal support. Courts often have to infer intentions based on conduct, which can be a challenging process.

In some cases, the person who lives in, manages, or has invested in a property may not be the same person listed as the owner on legal documents. This can lead to disputes, particularly if circumstances like inheritance, gift, or long-term contributions come into play. Without documented proof of ownership, it can be difficult to establish your rights, and you may need legal assistance to clarify your position.

Co-ownership can become contentious, especially if personal or business relationships deteriorate. Whether it’s a shared residential property, an investment property, or a family home, co-ownership disputes can lead to long-standing issues around the division of profits, sale decisions, or future entitlements. When negotiations break down, legal intervention may be necessary to protect your interests and reach a fair resolution.

Sometimes property ownership disputes involve third parties, such as family members or business partners who claim a stake in the property, even though they are not listed as official owners. This might be due to contributions they’ve made or promises that were made to them. These disputes can be highly complex and require thorough legal examination to determine who has a valid claim to the property.

If you’re facing any of these issues, it’s crucial to seek professional legal advice as early as possible. Property ownership disputes can quickly become complicated, but at Anthony Gold, we have the experience and expertise to guide you through the process and secure the best possible outcome.

Under English law, it is possible to force the sale of a property in certain situations, including:

• Joint ownership disputes: For example, an unmarried couple separating but one partner refuses to sell the home.
• Family inheritance disagreements: Where siblings or beneficiaries cannot agree whether to sell an inherited property.
• Creditors or bankruptcy cases: Where a property must be sold to repay debts.
• Investment property co-owners: Where investors want to realise their share but others resist.

In most cases, this is done by applying to court for an order for sale under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).

We support you through every step: 

• Initial advice and assessment: We clarify your rights and explore solutions short of court. 

• Negotiation and mediation: We aim to reach a fair settlement without lengthy litigation. 

• Court representation: If an order for sale is needed, we prepare your case thoroughly and advocate for you robustly. 

• Managing costs: We always provide clear advice about costs and recovery options. 

If negotiation fails, you may apply to the county court or High Court for an order for sale. The court will consider: 

• The intentions of the co-owners 

• The interests of any dependants living at the property (e.g. children) 

• Whether it is practical to divide the property instead 

• Whether selling is the fairest outcome 

Our solicitors help you understand your rights under TOLATA and prepare a strong case to support your application. 

If a co-owner refuses to co-operate: 

• You can apply for a court order to force the sale 

• The court may grant you permission to sell even without their agreement 

• In some cases, the court can postpone a sale if it would cause undue hardship — for example, where young children live at the property 

Our property dispute solicitors help you explore all options, including mediation, before starting court proceedings. 

We aim to make costs clear and manageable: 

• Fixed fees or hourly rates: Agreed in advance where possible. 

• Cost recovery: In many cases, your legal costs can be recovered from the sale proceeds. 

• Flexible payment options: To ease the burden during the process. 

We discuss funding openly from day one. 

Proprietary estoppel is a principle of English law that protects people when someone makes a promise about land or property, and it would be unfair to break that promise. 

Proprietary estoppel prevents a person from going back on a promise relating to property where: 

• A clear assurance or representation was made, 

• The other person relied on it, and 

• They suffered a disadvantage or detriment as a result. 

This centuries-old equitable remedy ensures fairness where formal legal rights might otherwise fail. 

To succeed, a claimant must prove: 

• A promise or assurance was made, 

• They relied on it reasonably, 

• They suffered a significant loss or hardship because of that reliance. 

• Proven track record: Decades of experience in resolving complex property and inheritance disputes. 

• Specialist solicitors: Our team understands the nuances of equity, trusts, and family property arrangements. 

• Transparent pricing: We offer clear cost estimates and flexible funding arrangements to suit your circumstances. 

Proprietary estoppel claims often arise in situations such as: 

• Family promises: For example, parents promise a child the farm or family home. 

• Inheritance expectations: Someone relies on a promise they will inherit, but the will or trust says otherwise. 

• Informal arrangements: Cohabiting partners or family members who invest time and money in a property with the expectation of a share. 

• Disputes between relatives: Where property ownership and promises clash, especially after a death or family breakdown. 

If you believe a promise was broken and you have suffered a loss, speak to our property dispute solicitors today for tailored advice. 

The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) determines how disputes over property ownership and beneficial interest are resolved when people disagree about their rights in a property. 

Under TOLATA, courts can decide: 

• Who legally owns a property 

• How much each party is entitled to 

• Whether the property should be sold 

OLATA commonly applies when: 

• Unmarried couples separate and disagree on ownership shares 

• Family members have contributed financially to a property’s purchase or maintenance 

• A third party invests in a property without being a legal owner 

Legal rights of co-owners and non-owning parties 

A TOLATA claim helps clarify whether someone without legal title still has a beneficial interest, for example, due to financial contributions or a clear understanding between parties. Our property dispute solicitors can advise on your legal rights and the best way forward. 

Decades of experience in property and trust disputes: Our Property Disputes team has successfully resolved thousands of ownership and trust disputes. 

Client-focused, resolution-driven approach: Your objectives guide our strategy, we aim to resolve your dispute with the minimum stress possible. 

Award-winning legal team: Ranked in The Legal 500 and Chambers & Partners, our team is recognised for excellence in civil and property litigation. 

Pre-action considerations and negotiation 

It is always advisable to attempt resolution without court proceedings. We help gather evidence, clarify your position and negotiate with the other party. 

Issuing proceedings in the civil court 

If no agreement is reached, we can issue a claim under TOLATA in the county court or High Court. The court examines documents, contributions, and intentions. 

Gathering evidence of ownership or intention 

Key evidence includes: 

• Financial records (bank transfers, mortgage statements) 

• Written or verbal agreements 

• Emails, messages, or other communications 

• Witness statements 

Possible court outcomes 

The court can: 

• Declare each party’s ownership share 

• Order the sale of the property 

• Determine how sale proceeds are divided 

• Award costs where appropriate 

Equitable accounting is a principle of English property law used to adjust the financial shares of co-owners when they separate or sell a jointly owned property. 

It balances the books where: 

• One co-owner has had sole use of the property, 

• One party paid more towards the mortgage or major works, 

• One owner made significant improvements or covered maintenance costs alone. 

Equitable accounting ensures each co-owner’s financial position reflects these extra contributions or benefits. 

Equitable accounting often arises alongside TOLATA claims, especially in disputes between: 

• Unmarried couples who bought a home together, 

• Family members who inherited property jointly, 

• Business partners co-owning investment property. 

Common scenarios include: 

• Sole occupation: If one co-owner stays in the property after separation, they may have to pay an occupation rent to the other. 

• Unequal payments: If one party has paid the whole mortgage or funded major repairs, they may be credited for those payments. 

• Capital improvements: If someone builds an extension or renovates the property at their own expense, they can claim an allowance when the property is sold. 

Our experienced team provides practical, tailored advice on how to achieve the fairest result. We can: 

• Assess your situation: We review evidence of payments, occupation and works carried out. 

• Calculate adjustments: We work out a realistic and defensible financial adjustment. 

• Negotiate settlements: We aim to resolve disputes quickly and cost-effectively. 

• Represent you in court: If an agreement cannot be reached, we build a robust case to secure a fair outcome through litigation. 

We always explain your options clearly and work to protect your interests. 

Equitable accounting can: 

• Adjust each co-owner’s share to reflect true contributions and benefits. 

• Compensate an owner who has not been able to use the property. 

• Credit payments for mortgage, maintenance or capital works. 

• Ensure a fair split when the property is sold or transferred. 

It helps prevent one party gaining an unfair windfall at the other’s expense. 

We know costs can be a concern. We offer: 

• Clear hourly rates or fixed fees where suitable. 

• Transparent advice about likely costs and risks. 

• Options to recover legal costs from sale proceeds if appropriate. 

One of the first steps in any property dispute is establishing the facts. We thoroughly investigate your case, looking into the original intentions around ownership, whether these intentions have changed, and what contributions—both financial and non-financial—you have made. If ownership details were never properly documented or verbal agreements were made, we carefully analyse all available evidence to present a strong case.

It’s not uncommon for property ownership disputes to hinge on contributions. Whether you’ve invested money, time, or effort into maintaining or improving a property, it’s important that these contributions are recognised in any dispute. We have extensive experience in presenting this evidence in court, ensuring that your investment is properly valued, whether it’s financial or physical work carried out on the property.

Not every dispute needs to end in a courtroom. Where possible, we aim to resolve disputes through negotiation and mediation, helping you reach a fair agreement without the need for litigation. However, if negotiations fail, our expert property litigation solicitors are ready to represent you in court, presenting your case in the most effective way to maximise your entitlement. We have a proven track record of success in securing favourable outcomes for our clients in property ownership cases.

Property ownership disputes often lead to the need for ownership changes, whether through formalising co-ownership agreements, transferring ownership, or resolving inheritance issues. We provide clear, practical advice on how to change the ownership structure, ensuring that your rights are protected, and the process is handled smoothly. This can include changing the names on the title deeds, updating agreements, or handling disputes over shared ownership.

When it comes to property disputes, our priority is always to maximise your entitlement. We are experts at presenting facts in the most advantageous way, whether through negotiating settlements or arguing your case in court. Our strategic approach ensures that we leave no stone unturned in securing the best possible outcome for you.

You can trust our team to provide expert legal support throughout the process. With years of experience in property dispute litigation, we have successfully represented clients in a wide range of disputes, from co-ownership breakdowns to complex civil property cases. Our reputation for success is built on our attention to detail, deep knowledge of property law, and dedication to achieving the best results for our clients.