Property disputes

If you own a property with someone you aren’t married to and the relationship breaks down, you may encounter a dispute over the property. These arise due to a number of reasons, with the most common being conflict over ownership or how any sale proceeds are to be divided, particularly if the parties made different financial contributions. Parties may also disagree on who has the right to live in the property following separation. There are a number of ways this can be solved outside of court, including mediation and negotiation between the parties. If negotiations break down or are unsuccessful, the matter may need to be referred to court under legislation known as Trusts of Land and Appointment of Trustees Act 1996, or ‘TOLATA’ for short.

Not all cases will need to go to court and at Allington Hughes we always try to settle the property dispute where it is appropriate to do so. However, legal help of some form is often required. If parties are able to settle the matter privately, it is advisable that they each seek independent legal advice to formalise such agreement, for example by way of a Separation Agreement. Whilst these are not strictly legally binding, they can help narrow issues between the parties and are useful evidence if the matter did ever end up in court. If an agreement cannot be settled privately, the parties can pursue mediation in order to find a common solution.

If an agreement can’t be reached by these means, then the next step would be to pursue court proceedings, specifically a TOLATA claim. TOLATA gives court the power to make decisions on property disputes between unmarried couples. The court will listen to both parties’ position and will hear any relevant evidence, before making important decisions such as whether the property should be sold, determining the share of the property ownership and allowing access to one party if the other is refusing it. Our family law team at Allington Hughes is highly experienced with these types of issues and will guide you throughout the process.

If you need advice regarding property disputes, or any other family law matter, then please contact 01978 291000 or 01244 312166 for more information or to arrange an initial free chat with one of our solicitors. Alternatively, please email: [email protected]