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Properties are often purchased by two or more people for investment purposes, maybe either a commercial property or a buy to let property or as part of a personal pension scheme such as a SIPP or SSAS rather than for residential purposes.

In these circumstances, careful thought needs to be given at the outset as to the share each person is going to have in the property and documentation needs to be carefully drafted to reflect the parties’ intentions.

The Court’s approach in an investment or commercial property dispute is different to its approach for cohabiting or married couples and civil partners. In a business context, the Court expects the parties to be much clearer at the outset about their intentions than in a domestic context.

Unless there is evidence to the contrary, the Court normally finds that the parties’ interests in the property reflect their financial contribution or commercial input towards the purchase price.

Investment Property Ownership Disputes

FAQ’s – Commercial Properties or Investment Properties

What happens if one of us wants the property to be sold and the other one doesn’t?

If there is a Trust Deed or other agreement that sets out what the parties have agreed, then that agreement will be followed.

In the event that no such agreement exists then you can make an application under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) for an Order for Sale.

The Court has wide-ranging powers under TOLATA and can make an order that the property be sold and/or how the equity should be split. However, in a business context, unless there is evidence to the contrary, the Court will normally find that the parties’ interests in the property reflect their financial contribution towards the purchase price or commercial input.

What happens if I have been paying more towards the property? Do I get more out of it at the end?

If there is a Trust Deed that sets out what has been agreed between the parties, then this needs to be followed.

If there is no Trust Deed then it will depend upon either what the parties agree to amongst themselves or whether the Court finds that there is sufficient evidence to demonstrate that the position has changed since the property was purchased.

This is however, a potentially complicated situation which would turn on the facts of each case. If you are in this situation please give us a call to discuss.

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Why Myerson?

Myerson’s team of experts can advise you in the preparation of all of the documentation to reflect your intentions as well as any property ownership dispute that may arise. We have a wide range of experience in these cases and can help you to understand your options and guide you through the process.

We can advise as to whether you may be entitled to bring a claim under TOLATA and we can assist you with any discussions and negotiations with your co-owner in order to resolve the dispute.

Myerson offers a range of funding options for claims of this nature. Our fees are fair, transparent and we are happy to discuss funding arrangements with you without obligation.

If you have any issues which you would like to discuss further, including forcing the sale of a property or want to dispute the share you believe you are entitled to, please do not hesitate to contact a member of our Real Estate Litigation team on 0161 941 4000 or by emailing lawyers@myerson.co.uk.

Meet Our Specialists

Home-grown or recruited from national, regional or City firms. Our specialists are experts in their fields and respected by their peers.

Seán Hackett

Seán Hackett

Seán is a Partner in our Property Litigation Team

Laura Pile

Laura Pile

Laura is a Partner and Head of our Property Litigation Team

Jennifer Hartley

Jennifer Hartley

Jennifer is a Solicitor in our Property Litigation Team

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Book your consultation using the below enquiry form. Alternatively, you can call us on

0161 941 4000