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If two people own property with somebody and are not married or in a civil partnership, a dispute may arise if the parties can’t agree on how to divide the asset.
Our Dispute Resolution Team in Stafford, Newcastle-under-Lyme & Alsager can give you help and advice as soon as a co-ownership dispute arises. Often this early intervention can help to resolve the dispute quickly and in the most cost-effective way.
What power does the Court have to resolve a dispute?
The Trust of Land and Appointment of trustees Act 1996 (known as TOLATA) the Court has a wide range of powers available to it to resolve a dispute.
Examples of claims under TOLATA include:
- To determine the beneficial interest of each party
- To force a sale of the property
- To decide the extent of each individuals ownership of the property
This is a complex area of law, but our specialist Solicitors are experienced in dealing with TOLATA claims and can give you advice from the first appointment.
Can I make a claim even if the property is registered in my partner’s name?
The short answer is probably “yes”, but it does depend upon the individual circumstances. That is why you need early specialist advice to ensure that you are not giving up a potential interest in property.
There are many reasons why a couple may choose to register a property in only one name, such as one person having a poor credit history. However, if there was an understanding that both partners would share the property or if both partners contributed to the running of the household, the partner who is not registered as the property owner may still have a beneficial interest.
The Court is able to consider all of the evidence to decide what the true state of ownership is and make an Order accordingly.
Why the Nowell Meller Disputes Team is the right choice for you
We believe that it is important to try to resolve disputes without Court proceedings where possible, as this is often the quickest and most cost-effective way to get the result you need.
However, if a settlement cannot be reached our experience in litigation and strong advocacy skills will put you in the best place to succeed in your dispute.
If you need advice regarding Co-ownership of property please do not hesitate to speak to one of our friendly team members on 01785 252377 for Stafford, 01782 987551 for Newcastle-under-Lyme, or 01270 446260 for Alsager.
