Land can be owned in two ways, either through legal ownership where you are named as a legal owner with the Land Registry or through having a beneficial interest where you are not named on the legal title but have a right to the property.
Disputes can arise around property ownership. We come across the following issues most often;
1.Where one owner wishes to sell a property, but the other does not.
2. Where an individual has contributed to a property or is promised a share of the property, but their name is not on the legal title.
3.Where there is a dispute as to what share each party holds as to the property.
The above types of disputes often involve unmarried couples who live together.
Matters are often resolved in correspondence to ensure an owner receives their fair share of the Property and that this is recorded. Where agreement is not possible, an application can be made to the Court under the Trusts of Land and Appointment of Trustees Act 1996 (often known as TOLATA) to determine ownership and shares of a property. You may also obtain an order from the Court to sell a property even if another owner does not wish for this to happen.
If you live together and are unmarried but have children, it is possible to consider making an application under Schedule 1 of the Children Act 1989 to provide security by way of a home for your children.
We at Manak Solicitors are able to advise you as to your legal rights, develop the best-case strategy to pursue your case and support you throughout the process. We are also able to offer funding options to pursue your case.
If you would like advice to understand your options, please contact Samir Moftah.