Sale of a Jointly Owned Property

If you are wondering how to sell a jointly owned property when your co-owner refuses to sell, we can help guide you through the process.

    People purchase properties together all of the time. It is therefore hardly surprising that sometimes things do not go to plan and it is necessary for one person to want to sell the property in order to recover their money. Selling the property may be critical to the purchase of an alternative home or release funds for other plans.

    This situation can arise in a number of circumstances which include:-

    • Property investments
    • Friends, relatives and business associates bringing together their joint finances to purchase a property as an investment. They may then choose to own it as a rental property and let it as a holiday home or offer as a residential tenancy;
    • Unmarried couples co-habiting
    • Couples seeking to have an asset in their name and then finding that they no longer want to be together.

    Are you a joint owner of a property and wish to force a sale to recover your capital investment and what you are entitled to?

    You may be able to make a claim and rely upon the Trusts of Land and Appointment of Trustees Act 1996 (“TOLATA”) in order to do this and we can help.

    There are certain criteria to apply to the Court for an order for sale. In some cases, alternative forms of dispute resolution can also help the parties resolve their differences. Every case is different and we will advise you based upon your specific circumstances.

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