Property ownership disputes

No matter who the dispute is with, we know that property ownership disputes are challenging. At Talbots Law, we strive to work closely together to reach an agreement that both parties are happy with so that you can move on to the next stage in your lives as quickly as possible.

While property ownership disputes can be complex, no case is too challenging for our solicitors. We’ll guide you seamlessly through each stage of the process, ensuring that all aspects are taken into account; such as other assets and potential claims you both might have. We will find a solution for your specific case and our team will work every day to achieve your desired outcome. We believe in the personalised approach, so that’s exactly what you’ll receive.

Why choose Talbot’s property ownership solicitors?

We believe in making your life easier when you’re going through a dispute with someone close to you. That’s why we go the extra mile to ensure that we deal with disputes as quickly and efficiently as possible to minimise any further conflict, so you can focus on what really matters: your future. When you instruct us, we will do everything in our power to protect your rights and thoroughly assess the information provided to come to a clear conclusion. We are strong believers in speaking in plain English; it’s important to us that you feel comfortable in the knowledge that you know exactly what’s going on at each stage of the process. We always aim to deal with disputes in an efficient and stress-free way so you can carry on with your day-to-day life as soon as possible.

How are property ownership disputes resolved?

Our team of property dispute solicitors will be there to provide the required legal information so that you can decide how you would like to proceed. Ideally, it’s best to settle on an agreement outside of court, so we aim to resolve conflict via negotiation, mediation and collaborative practices. In the long run, this makes for a much less painful process. Nevertheless, if the case must face court action, our experienced solicitors will be there to passionately fight your cause when the time comes.

One of us wants to sell the property, but the other doesn’t. What should we do?

If mediation doesn’t help you come to a clear decision, then our solicitor will guide you through court proceedings. The first step is to make an application under the Trusts of Land and Appointment of Trustees Act 1996; this allows the court to make an informed decision based on the interests of the owners of the property, if any children are involved and the intentions of the parties at the time the property was purchased. Situations differ for married and cohabiting couples. Our property dispute solicitors will be at hand to offer tailored advice and information for your specific circumstance.

If we decide to sell the property, how much of the sale proceeds will I receive?

This decision can also be made in court. Our property disputes team will support you the whole way to ensure that you are happy with the outcome. Generally, if the property was purchased in joint names, the proceeds will be shared equally, regardless of how much one person has spent on the mortgage or repairs on the property over the years. Nonetheless, a contrary common intention can be shown to disprove shared ownership if required; our specialist solicitors can discuss this option with you in depth.

A good piece of advice is to enter into a written agreement called a declaration of trust; this will ultimately minimise future disputes. By having a written agreement, it is a lot clearer from the beginning where both parties stand.

What happens when a co-owner dies?

Our specialist solicitors are very familiar with this kind of case and understand that dealing with legal technicalities at this time can feel overwhelming. That’s where we come in with a helping hand.

Firstly, we’ll have to take some information into account; such as whether the deceased’s share of the property passes over to their surviving partner automatically, whether they were married (and therefore a joint tenant), and whether the co-owner is to be dealt with in accordance of the Will.

Our property ownership dispute solicitors will be with you at every stage to ensure that we have the right information and that you understand the whole process as we go.

Settle your property ownership dispute with as little stress as possible with our specialist solicitors. Speak to the Property Ownership Dispute specialist solicitors at Talbots Law for advice today on 0800 118 1500.


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