Beneficial Ownership of Property Disputes

Disputes regarding the ownership of property can easily arise when a clear agreement hasn’t been made about who owns what share of the property when it was purchased.  Equally it could be that this was agreed at the outset but the situation, and parties’ intentions, have changed as time has gone on.

At the start of a relationship, whether romantic, plutonic or business, parties do not often feel the need to make matters as formal or as clear as they perhaps should. However, this can then lead to disputes and disagreements when a relationship breaks down or people decide to sell their interest in property.

If matters cannot be agreed between the parties, it may be necessary to instruct a lawyer to assist in agreeing an appropriate split. If an agreement cannot be made, you may need to go to Court to get a determination under the Trusts of Land and Appointment of Trustees Act 1996 (“TOLATA”).

These types of disputes can be complicated and highly emotionally charged, so getting help for a property dispute resolution expert as soon as possible is strongly recommended.

We can offer you a dedicated and experienced lawyer who will handle your case from start to finish. They will be your point of contact whenever you have a question or want an update and we will always do our best to be available to you whenever you need us.

For an initial no obligation consultation on your rights and legal options, please call now 020 8949 9500 or request a call back.

How we can help with beneficial ownership of property disputes

TOLATA claims are complex and often complicated.  When shares are being worked out, it is necessary to consider the facts of the situation carefully, including what financial contributions were made and what the parties’ intentions were. 

Where people’s general finances have become intertwined, then it is often difficult to decipher how contributions towards the household income can be separated from contributions towards property.

If the parties have never directly spoken about what their intentions are with regards to proportions, then it may be necessary to infer or imply these from conduct retrospectively.

At Pearson Hards we have a specialist Civil Litigation team with strong experienced handling these types of claims.

We can analyse and assess the whole situation from the outset and advise you on the likely outcome if the case were to go to Court. We will then utilise negotiation and other forms of Alternative Dispute Resolution to try to achieve the quickest and most cost-effective solution for you. 

If this cannot be achieved and a stronger stance is necessary, then we are very experienced in handling these types of claims in Court.  We also have good relationships with Barristers who are experts in this field if specialist advice is necessary during the course of your matter.

Types of beneficial ownership disputes we can assist with

Common issues we can assist with include where:

  • One party contributed more of the deposit or paid more towards the mortgage than the other;
  • One party had a bad credit history and therefore was unable to join the mortgage, even though they then contributed to the repayments;
  • One party did work on the property to improve its value;

One party made non-financial contributions towards the relationship, such as bringing up children.

Beneficial ownership of property & divorce

There is often a cross over in this area between family and dispute resolution lawyers because beneficial ownership claims frequently arise following the breakdown of marriage or romantic relationship. This can complicate matters where there is animosity between the parties and the property forms a significant part of any divorce financial settlement.

Our dispute resolution and family law teams work closely together, so can ensure you are given rounded and comprehensive advice using both fields of experience. In most cases, we are able to use our Alternative Dispute Resolution skills to find an out-of-court solution, saving both parties time, legal costs and stress.

Speak to our property dispute resolution solicitors in New Malden, Surrey now

If you have a dispute regarding a property you own, you can book an initial no obligation consultation now by calling 020 8949 9500 or requesting a call back.