Co-Ownership Disputes Solicitors

Upholding Your Interests in Co-Ownership Disputes

Need to sell your property, but your ex-partner disagrees? Struggling over equity? Guiding you through conflicts with clarity and professionalism.

Owning a property with someone else can work well—until disagreements arise. Whether it’s about selling the property, splitting the proceeds, or day-to-day management, co-ownership disputes can quickly become stressful and, in some cases, end up in court.

At Fitzhugh Gates Solicitors, we’ve helped countless clients navigate these tricky situations. We’ll step in to negotiate on your behalf, handle difficult conversations, and ensure your interests are protected. Our goal is to resolve disputes efficiently and find a solution that works for everyone.

What is Co-Ownership?

Co-ownership means two or more people share ownership of a property, with each owning a specific percentage. People often choose this arrangement because:

They’re in a relationship and want to create a family home.
Sharing costs makes buying property more affordable.
It’s easier to secure a mortgage with combined incomes.

Common Co-Ownership Disputes

While co-ownership can be beneficial, it’s not without challenges. Here are some of the most common disputes we help resolve:

Selling the Property
One person may want to sell, while the other doesn’t. This is common in relationship breakdowns or when a property is inherited jointly.

Under English law, the default position is that the property should be sold if one party insists on it. However, negotiation is often possible. For example, one co-owner might agree to buy out the other’s share. A solicitor can help make this process smoother and ensure fair terms.

Splitting the Equity
When selling a property, disputes can arise over how to divide the proceeds. For example:

One person may feel they contributed more financially and deserve a larger share.
In a relationship, one partner might argue that their non-financial contributions (like childcare or household work) should be recognised.

In such cases, the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) can determine beneficial ownership rights.

Why Choose Fitzhugh Gates Solicitors?

We know how overwhelming co-ownership disputes can be. Our experienced team is here to guide you through every step, offering sensitive, practical advice tailored to your situation. We’re here to help, contact us today.

Why Choose Fitzhugh Gates Solicitors?

Office located in Shoreham by Sea, offering personlised, dedicated services

Professional, reliable and straightforward legal advice

Sensibly priced legal support that will put your mind at ease

Transparent fees with no hidden costs

Get in touch

Frequently asked questions

Can I force a sale of the property?

Yes. If one co-owner wants to sell and the other doesn’t, the property can be sold, or the other co-owner can agree to a buyout. If there’s no cooperation, the court may step in and force a sale, possibly through an auction.

What are my rights as a co-owner?

Your rights depend on your ownership type:

Joint Tenants: Both co-owners have equal rights to the property. If one person dies, their share automatically goes to the other.
Tenants in Common: Each co-owner owns a specific share. Shares can be passed on in a Will and don’t automatically go to the other co-owner.