Our Investment Property Ownership Dispute Service

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.

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Why Work With Our Property Ownership Dispute Team

  • We have been ranked as a Top Tier law firm by the Legal 500 for the last seven years.
  • You will have access to the full Property Litigation and Family law experts across Myerson.
  • You will receive city-quality property and family legal advice at regional prices.
  • We provide a partner-led service to ensure you receive the best legal advice and commercially-minded support.
  • We have a large team which is capable of meeting your deadlines.
  • We are a full-service law firm operating from a one-site office, which means our teams communicate effectively and efficiently.
  • We use the latest technology to ensure that we are working as efficiently as possible and that geographical distance is no bar to us from providing excellent client service.
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Commercial and Investment Properties FAQs

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.

Meet Our Investment Property Ownership Dispute Solicitors

Home-grown or recruited from national, regional or City firms. Our investment property ownership dispute lawyers are experts in their fields and respected by their peers.

Laura Pile

Laura Pile

Laura is a Partner and Head of our Property Litigation Team

Jennifer Hartley

Jennifer Hartley

Jennifer is an Associate in our Property Litigation Team

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