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Family Disputes

We approach each family disputes case with sensitivity and tailor our approach to meet the unique needs of each client. Whether through negotiation, mediation, or litigation, we work tirelessly to achieve the best possible outcome for our clients and help them move forward with their lives.

Family Portrait at the Park

Joint property ownership between unmarried couples, friends, parents and siblings is growing.

 

Whether this is due to help to get on the property ladder, purchasing investment properties with friends, or inheriting property under a Will, jointly owned properties have the potential for a difficult and upsetting ownership dispute in future years.

 

We can advise on property ownership disputes. We have a wide range of experience in these cases and can help you to understand your options and guide you through the process.

 

We can help you in the following situations:

The Trusts of Land and Appointment of Trustees Act 1996 (known as ToLATA) gives Courts certain powers to resolve disputes about the ownership of property (or land).

 

A ToLATA claim can be issued:

  • To force the sale of land or property.

  • To reoccupy a former family home when an ex-partner refuses to leave.

  • By parents/grandparents wanting to recover their financial interest in the property.

  • To determine the share you each own if this has not been defined.

 

There are three main types of application that can be made under ToLATA to resolve disputes about land. These are:

  • to order a sale of the property, enabling an owner to realise their financial interest,

  • to decide who is entitled to occupy, and

  • to decide the nature and extent of the ownership of a property owned by two or more people.

 

Taken together, these applications permit a court to decide who are the legal and beneficial owners of a property, and in what proportions.

There are complimentary powers in ToLATA that allow a court to direct the owner of land to behave in a certain way.

 

In disputes about co-ownership, these powers are used most frequently to require a co-owned property to be sold so that the proceeds can be divided.  ToLATA limits a court to deciding on co-ownership of property. It does not give the court the power to vary that co-ownership, and adjust the proportions that each person owns.

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