Can I force a co-owner to sell?

Yes.

The Trusts of Land and Appointment of Trustees Act 1996 is an Act of Parliament which is otherwise known as “TOLATA”. This Act gives the Court powers to resolve disputes regarding the ownership of property and land.

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.

The above are certain examples as to why an individual may wish to issue a TOLATA claim but when such a claim is issued there are three main types of application under TOLATA which can be presented to Court:

1. An application to the Court requesting an order of the sale of the property to enable one co-owner to receive their financial interest in the form of net sale proceeds;
2. A request that the Court decides which co-owner is entitled to occupy the property;
3. A request that the Court decides the extent and nature of ownership if the property is owned by two or more individuals.

Do I just make an application to Court?

As with any disputes, there is a process and the Court expect the parties to resolve matters, if possible, without utilising the Court’s resources. Before any claim is issued a Pre-Action Protocol Letter of Claim will need to be sent to the co-owner outlining the claim and what is sought.  Each party is under a duty to ensure that they negotiate and it is often advisable for parties to settle disputes by means of Alternative Dispute Resolution to avoid Court costs.

What happens if the co-owner refuses to cooperate?

If this comes to no avail, then the applicant will need 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 their claim and what order they seek 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. 

If you require legal advice or assistance in enforcing the sale of a property or on TOLATA, please do not hesitate to contact Maninder or a member of the Dispute Resolution team on 01604 828282 / 01908 660966 or email Litigation@franklins-sols.co.uk.