Why would a co-owner want to sell?

There are a number of reasons why this happen and these are just 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.

How do I go about forcing a co-owner to sell?

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 and is there to help a joint owner sell a property when their co-owner does not want to.

If an individual wishes to force a sale of a property, 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.

Is issuing a claim at Court the first step?

No. 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 always beneficial and advisable for parties to settle disputes by means of Alternative Dispute Resolution to ensure matters are dealt with swiftly and cost effectively.

I know the co-owner won’t agree, so what happens when they don’t respond?

If, after sending the Pre-Action Protocol letter no response or agreement is reached, then the applicant will usually issue a claim at Court under Part 8 of the Civil Procedure Rules 1998. In some circumstances, it may be appropriate to use a different process and legal advice can help guide you to the most appropriate choice.

In determining whether to make an order under TOLATA the Court will consider a number of factors.  This includes 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 mortgage lender. 

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

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.