co-ownership

Disputes can arise in a number of circumstances when a residential property is owned by more than one party. If the parties have signed a declaration of trust when purchasing the property this will be conclusive evidence of their interests in the property.

Where there is no trust deed, however, the Court's will look to the evidence available, which includes the parties’ contributions to the purchase price and mortgage contributions paid by the respective parties.

Alternatively, a property may have been purchased in the sole name of one party. At some later time another party may become a co-habitee and then begin contributing to the mortgage payments or pay for capital improvements to the property. The effect of these payments may result in the beneficial ownership of the property being apportioned between the parties.

We have a team that can advise and assist in:

• Claims for a declaration of an interest in a property
• Settlements to purchase third party interests in order to remain in possession
• Asserting beneficial interests to reduce liability due to trustee in bankruptcy

If the nature of your problem is not referred to or you simply wish to make further enquiries please contact us at enquiries@btmk.co.uk.