Our Investment Property Ownership Dispute Service
Properties are frequently bought by multiple individuals for investment purposes, such as commercial ventures, buy-to-let arrangements, or inclusion in personal pension schemes like SIPP or SSAS, as opposed to residential purposes.
In these circumstances, careful thought needs to be given at the outset about what share each person will have in the property.
In addition, the parties should consider how any income is to be split, how running costs are to be paid for and what happens if one party wants to sell their share.
Documentation should be carefully drafted to reflect the joint property owners' intentions.
Property ownership disputes for investment properties can arise due to disagreements over the distribution of rental income, management responsibilities, changes in investment strategies, or disputes over the sale or refinancing of the property.
Myerson's property litigation solicitors have years of experience handling joint property ownership disputes, including those involving investment property.
Court Proceedings for Property Ownership Disputes
The Court's approach to an investment portfolio property dispute differs from its approach to cohabiting or married couples and civil partners' property ownership disputes.
In an investment context, the Court expects the parties to be much clearer at the outset about their intentions than in a domestic context.
Our joint property ownership disputes team can help individuals facing contentious joint ownership disputes.
We will advise you on all the options available for you with the aim of reaching a resolution quickly.
It is best to resolve property ownership disputes through mediation and professional legal advice rather than let the matter escalate to Court proceedings.
If mediation fails to resolve the dispute, joint owners have the option to seek a resolution through the Courts under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).
In such cases, the Courts have the authority to order the sale of the property; however, this course of action should be considered as a final resort when all other alternatives have been exhausted.
Our property litigation solicitors are available to assist joint tenants who are facing disputes with other co-owners of their investment portfolio property.
Why Work With Our Property Ownership Dispute Team
- We have been ranked as a Top Tier law firm by the Legal 500 for the last seven years.
- You will have access to the full Property Litigation and Family law experts across Myerson.
- You will receive city-quality property and family legal advice at regional prices.
- We provide a partner-led service to ensure you receive the best legal advice and commercially-minded support.
- We have a large team which is capable of meeting your deadlines.
- We are a full-service law firm operating from a one-site office, which means our teams communicate effectively and efficiently.
- We use the latest technology to ensure that we are working as efficiently as possible and that geographical distance is no bar to us from providing excellent client service.
- We were the winners of ‘Property Team of the Year 2021’ at the Manchester Legal Awards.
- Look at the Myerson Promise for further benefits of working with us here.
Commercial and Investment Properties FAQs
What happens if one of us wants the jointly owned property sold and the other doesn't?
If a Trust Deed, or other agreement, sets out what the parties have agreed on for the jointly owned property, then that agreement will be followed.
If no such agreement exists, you can apply under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) for an Order for Sale.
The Court has wide-ranging powers under TOLATA and can make an order that the property be sold and how the equity should be split.
However, in a business context, unless there is evidence to the contrary, the Court will normally find that the parties' interests in the property reflect their financial contribution towards the purchase price or commercial input.
What happens if I have been paying more towards the property? Do I get more out of it at the end?
If a Trust Deed sets out what has been agreed between the parties, then this needs to be followed.
If there is no Trust Deed, then it will depend on what the parties agree to amongst themselves.
It will also depend on whether the Court finds that there is sufficient evidence to demonstrate that the position has changed since the jointly owned property was purchased.
This is a potentially complicated situation that would depend on the facts of each property ownership case.
If you are facing property ownership disputes, please call our expert joint ownership disputes team.
How can investment property ownership disputes arise?
Investment property ownership disputes can arise due to the following types of disagreement:
- property management
- financial responsibilities
- rental income or sale proceeds distribution
- maintenance costs
- changes in the joint property owners' circumstances
If you are having contentious conversations regarding the joint ownership of an investment property, contact our expert team of property litigation solicitors.
How can I reduce the risk of an investment joint property ownership dispute?
To avoid property ownership disputes, you should adhere to the following advice:
- Conduct due diligence and research the property before agreeing to a joint ownership investment.
- Reach an agreement at the outset regarding ownership of the property and how the income and costs are to be distributed. This agreement should be carefully documented, in for example, a Declaration of Trust.
- Communicate regularly with your business partners.
- Seek practical advice from property litigation solicitors.
If you have any concerns about your jointly owned property, contact Myerson Solicitors as soon as possible.
We can provide expert advice for every unique property ownership dispute and help you find a resolution.
Meet Our Investment Property Ownership Dispute Solicitors
Home-grown or recruited from national, regional or City firms. Our investment property ownership dispute lawyers are experts in their fields and respected by their peers.
Contact Us
Book your consultation using the below enquiry form. Alternatively, you can call us on
0161 941 4000
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