Jointly Owned Property

If you are caught up in a dispute with your partner, friend or relative over the sale of a jointly owned property, we can provide specialist advice to protect your interests.

Disputes can arise over who is entitled to benefit from the sale proceeds, especially where unmarried couples are separating with no children. If the property is in your partner’s name and you have contributed towards the deposit and mortgage, you may be entitled to a share of the property.

If the property is owned in joint names, it is often presumed that each owner is entitled to 50% of the property value. Your entitlement will depend on your individual circumstances and will usually be determined by the Trusts of Land and Appointment of Trustees Act 1996. It can also depend on whether the property is owned as ‘Tenants in Common’ or as ‘Joint Tenants’.

We understand that properties are not only bought for you to reside in, but also as a long term investment too. A home is a major financial commitment for you, and we will fight your corner, while maintaining an objective stance to ensure that you are properly advised as well as achieving the best possible outcome. Contact our expert solicitors now

I have an issue, how can I get help?

  • Contact our lawyers

Call our number or leave your details in our contact us page. After a member has spoken to you and understood your situation, we will assess your claim.

  • Discuss your options

Once an appropriate solicitor was chosen to represent you. They will be able to give you clear options as well as recommending the best way forward.

  • Solution

Our lawyers will work very hard to resolve your issues as quickly and efficiently as possible. We will also strive to keep you up to date throughout the case.

Why choose our lawyers?

  • Help you to resolve your issues

By obtaining early legal advice, we can help you to prepare a strategy on how to engage with the other parties in order to place you in a position of strength ahead of a dispute. Should matters become contentious, then we can often resolve your dispute by providing legal clarity.

  • Proficiency in advocacy

If you need to take further legal action, our team can provide all the experience you need to settle your dispute in Court or fight your corner at trial in order to maximise your chances of success.

  • Cost-conscious

At all times, we will contemplate operating cost effectively and ensuring you are getting value for money is always at the forefront of our mind. We are aware of the commercial pressures that litigation can bring on both you and your opponents and we will use this tactically to get the best possible outcome for you.

Client successfully sells home after ex-partner refused

Our client purchased a property with his ex-partner. The relationship then broke down and she left to start a new life in Ireland. She agreed she no longer had a share in the property and the client paid all the mortgage and bills. Some 10 years later the client now wished to sell the property but his ex-partner was refusing. After a letter of claim was sent, the ex-partner finally agreed to sign a TR1 transferring title for a sum of £10,000.

Frequently asked questions

My ex-partner and I are selling our property. It was always agreed that I would own a larger share of the property, but I have nothing in writing to evidence this, is there any other evidence I can produce to show this?

You should look over your financial records to see if you can find evidence of you making a larger contribution to the deposit, purchase price, mortgage instalments or any other bills.

Additionally, a Court may consider oral evidence from you from what you can remember with regard to conversations between you and your ex-partner, so try to recall these as accurately as possible.

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    Phone:0808 231 6369
    Fax:020 7388 2106
    Address:Hodge Jones & Allen Solicitors
    180 North Gower Street
    NW1 2NB