Property ownership disputes

Other than in the event of divorce, there is no statutory regime for the division of property when relationships break down. The majority of property ownership disputes in this country are now dealt with by the civil courts in accordance with property law and trust principles.

These principles are relatively rigid and focus on the documents available, particularly the title register, and on the joint intention of the parties concerned. This can create unsatisfactory situations for those relying on others ‘to do the right thing’, rather than on clear written evidence.

Over recent years the number of disputes between joint property owners and sole owners / individuals in occupation has increased enormously. The rise is largely being driven by the economics of property ownership and couples’ tendency to cohabitat for lengthy periods before marriage, if indeed they marry at all. We now deal with a wide range of circumstances in which disputes have arisen - from disagreements between unmarried couples about what share of the sales proceeds they should receive after they have moved from their former home to claims involving property which is only registered in one person’s name from a partner who has made a contribution to either the initial purchase or mortgage payments.

As a result of the changing landscape of these disputes and common misconceptions, expert guidance should be sought if interests and objectives diverge. Our real estate litigation team has considerable expertise in this complex area and offers high quality advice in a proactive and pragmatic way. Although litigation is not always necessary and should be avoided where possible, it may help to secure a successful outcome.

Clients also benefit from our close working relationship with the firm’s highly regarded family law team who can assist with financial claims under the Children Act and cohabitation agreements.