Property Ownership Disputes

Do you own your property with someone else or does your partner own the property in their sole name, but you have contributed to the initial deposit, the property upkeep and/or mortgage? If so, you may now be facing a dispute as to what share (if any) you each own in the property or whether the property should be sold.

Can you force the sale of the property if your co-owner refuses to sell? The answer depends on the circumstances. Usually, the court will grant an order for sale to one co-owner unless the sale will disadvantage a child or dependent.

If you want the court to determine what share you have in the property or you want the sale of the property despite your co-owner’s unwillingness, you can make a ‘TOLATA’ claim, which is a claim under the Trusts of Land and Appointment of Trustees Act 1996.

Disputes over property ownership can be stressful, particularly where relationships have broken down or financial contributions are unclear. We are experienced and sensitive in advising clients of their property rights and whether they have a claim under TOLATA.

If you have a dispute relating to how a property is owned, please don’t hesitate to contact us.

FAQs

What do you need to show in a TOLATA claim?

TOLATA claims are decided on a case-by-case basis and are entirely fact dependent.

If the property is in the name of the other party, you will need to show:

There is a declaration of trust in writing confirming your share
You contributed to the purchase of the property (eg bank statements), or
Evidence that you and the other party had ‘common intention’ to share the ownership and that you acted to your detriment because of that ‘common intention’ (eg paying mortgage repayments).

If the property is held in both names but you don’t know in what proportions:

The first step is to look at the TR1 signed when the property was bought. Section 10 may confirm the beneficial interest of each joint owner.
If the TR1 does not contain this information, you need to look to other evidence such as financial contributions to the purchase and towards the property, any statements in correspondence that confirm the understanding between the parties.

Can the court force a sale of jointly owned property?

In short, yes.You can bring a claim for simply an order for sale.

You will be successful if you are a co-owner unless the court considers a sale would be contrary to the intentions of the people who created the trust, the welfare of any child who occupies or might reasonably be expected to occupy the property and the interests of any secured creditor.

But often a dispute about selling the property involves a dispute in respect of ownership because the parties disagree as to the division of the sale proceeds. So you would seek a declaration as to the share each party has in the property as well as an order for sale.

What evidence do I need for a TOLATA claim

Bank statements and financial records
showing any contributions made.
Messages/emails or any written agreements
about the property ownership.
Witness statements which support your
case.

Can TOLATA claims only be made by romantic partners?

No, TOLATA claims aren’t limited to couples, they can arise where parents contribute to a child’s property purchase, family members or friends invest in property together or informal arrangements breakdown. TOLATA claims are rarely made by married couples as any dispute in relation to the property would likely be dealt with in the divorce proceedings – it would only be if the couple were not divorcing.

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Property Ownership Disputes