Property Disputes Between Co-Owners: Your Rights and Resolution Options

Joint ownership of a property is common, whether between couples, friends, family members, or business partners . But disagreements can arise when co-owners have different priorities or circumstances change.

Disagreements about selling, who can live in the property, or who should pay the bills are common property disputes homeowners face in the UK. When they arise, they can feel deeply personal as well as financially worrying, particularly if the property is your home or a major part of your future security.

Property disputes can happen to not only families and couples, but also to small property investors, landlords, and trustees managing jointly owned assets.

What is classed as a property dispute?

A property dispute arises whenever co-owners cannot agree on the management, use, or sale or a jointly owned property.

Common examples include:  

• One person wanting to sell while the other wants to keep the property
• Disagreements about who is entitled to live there
• Arguments over mortgage payments, bills, or repairs
• Owner refusing to cooperate or communicate
• Difficulties following a separation, divorce, or inheritance

When disagreements cannot be resolved between co-owners, mediation can be the next practical step. However, if an agreement still cannot be reached, the matter may escalate to property litigation, where the court decides how the property should be managed, used, or sold.

How is the property legally owned?

How the property is owned affects what each person is entitled to. In England and Wales, joint ownership usually falls into one of two categories:  

• Joint tenants - you both own the whole property together. If one owner dies, their share automatically passes to the other.
• Tenants in common - each owner has a defined share, which might be equal or in different proportions. That share can be left in a will and does not automatically pass to the other owner.

If you are not sure how your property is held, this can normally be confirmed by checking the title deeds.

What are my rights as a co-owner?

In most joint ownership disputes, each co-owner has the right to:  

• Live in the property, unless a court decides otherwise
• Receive a share of the value of the property
• Ask the court to intervene if agreement cannot be reached

Those rights can be affected by things such as:  

• Any written agreement or declaration of trust
• How much each person contributed to the purchase
• Who has paid the mortgage, bills, or for improvements

These details often become important if the dispute moves towards property litigation or a court application. This is why the detail of how the property was bought, used, and maintained is so important when a dispute rises.  

Do property disputes have to go to court?

There are several options when resolving property disagreements between co-owners.

Many disputes between co-owners can be resolved without going to court, particularly through negotiation or property mediation.

Mediation gives both parties a neutral setting to talk through their concerns and agree practical solutions, such as:

• Selling the property
• One person buying out the other
• Agreeing when the property should be sold
• Deciding how ongoing costs will be shared

Mediation is often especially helpful where ongoing relationships remain, for example between former partners, family members, business co-owners or trustees. It can save time, reduce stress, and help avoid the cost of formal court proceedings.

What happens if the dispute goes to court?

If an agreement cannot be reached, the dispute may move into property litigation, where the court is asked to make a binding decision. This usually happens through an application under the Trusts of Land and Appointment of Trustees Act (TOLATA).  

The property court process will decide: 

• Whether the property should be sold
• Who can live in the property and on what terms
• How the sale proceeds should be divided

The judge will also consider matters such as:

• Owners’ intentions and role of the property - for example, whether it was to be a family home or an investment
• The welfare of any children living there
• The financial position of each co-owner
• A court order is legally binding, but the process can be slower and more costly than reaching an agreement outside of court.

If you are facing a co-owner property dispute, early advice can help you understand where you stand and prevent the situation from escalating.

Our property litigation lawyers are experienced in property disputes for co-owners. If you would like to talk through your situation, our Litigation and Dispute Resolution team are here to help. You can call us on 024 7663 2121 or email info@bandhattonbutton.com.