Co-ownership disputes
What sort of co-ownership disputes can arise?
Disputes between co-owners of a property can arise in the following situations:
- Where there is disagreement about the beneficial ownership of property where the property is legally owned by one person (i.e. the property is only in one person’s name).
- Where one owner wants to sell but the other does not.
- Where one of the owners stops contributing to mortgage payments or other outgoings.
What is the Trusts of Land and Appointment of Trustees Act 1996 (“TOLATA”)_
TOLATA gives the Court various powers to resolve disputes about ownership of a property or land.
If you have a dispute concerning jointly owned land, TOLATA is likely to be relevant and you should seek legal advice.
What is a beneficial interest?
A beneficial interest is the right to the benefit of an asset, like property or an investment, even if someone else holds the legal title or legal ownership.
A beneficial owner may receive benefits such as income or profits, use of the asset or receiving a share of the value if the asset is sold.
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"Freeths is an extremely strong presence in the market: it is large enough to have all the expertise and resources which a dispute of this nature m...
The Legal 500, 2025
"Freeths is an extremely strong presence in the market: it is large enough to have all the expertise and resources which a dispute of this nature m...
The Legal 500, 2025
"The team at Freeths are my go-to for this practice area. Always extremely knowledgeable and pragmatic in their approach and their client communica...
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Oxford Office Managing Partner & Joint Head of Private Client Services
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Partner & Joint Head of Private Client Services
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