Enforcing a sale of a jointly owned property

Enforcing a sale of a property owned jointly at Court is governed by the Trusts of Land and Appointment of Trustees Act 1996 otherwise known as TOLATA.

Why would I need to enforce a sale of a property owned jointly?

There are a number of reasons as to why an individual may choose to issue a TOLATA claim and below are a few examples:

1. To have your named removed from the mortgage and legal title;
2. An application made by a family member such as a parent, sibling or grandparent who wish to receive their financial interest in the property;
3. To force the sale of a property which you and the co-owner inherited from a deceased’s estate;
4. When an ex-partner refuses to leave and you wish to occupy your former family home alone.

What happens if the co-owner refuses to cooperate?

If negotiation and discussions with the co-owner come to no avail then the next step is to issue a claim under Part 8 of the Civil Procedure Rules 1998. This involves completing a Part 8 Claim Form and producing a Witness Statement setting out the claim and what order is sought from the Court. 

In determining whether to make an order under TOLATA the Court will consider a number of factors.  Some of the factors that the Court will consider would be the intentions of the parties and in particular the reason why they purchased the property and for what purpose.  The Court will also consider if there are any occupants under the age of 18 in the property and any interests in the property such as whether there is a lender. 

The last thing anyone wants is to disagree and fall out with friends and family regarding property and assets. Disputes of this nature can and does strain relationships. Therefore, careful thought and planning must be invested into finding resolution to reduce this as much as possible and prevent legal costs increasing unnecessarily.

At Franklins we understand that you want a quick resolution that is also cost effective. We will work with you to provide specialist advice and ensure a full case plan is prepared to outline your options and next steps. Contact the Dispute Resolution Team on 01604 828282 / 01908 660966 or email Litigation@franklins-sols.co.uk.