Case Study: Recovering Interest from Family Property
A client came to us with a frustrating family problem: they had helped purchase a property for a family member several years earlier which left them unable to afford to buy their own home. The family member declined to commit to either selling the property (so they could recoup their share) or re-mortgaging the property so that our client could be released with an appropriate sum of money.
The basis upon which the property had been bought was disputed: our client asserted that they had understood they would be able to unlock the funds from their beneficial interest in the property when they were ready to purchase their own house; their opponent alleged that it had been intended to be a lifetime commitment.
When scenarios such as this arise in a family setting, relationships become fraught with difficulty and emotion making it hard for the parties to work together to find a solution. Guilt, responsibility, control and rejection are just some of the emotions that clients will battle with.
By instructing us, our client was able to see the strength in their legal position. Negotiations were initially unsuccessful and proceedings had to be issued in Court seeking an Order for Sale under s14 of the Trusts of Land and Appointment of Trustees Act 1996 (known as TLATA). Pleadings were prepared carefully, using detailed calculations to assess the sum of money due to our client.
Thereafter, the parties were able to engage in meaningful correspondence aimed at reaching a cost-effective resolution. A favourable settlement has been achieved in our client’s favour, which has enabled them to move forward with their life and prepare to purchase a home for their own family.
“Disputes over jointly owned property often involve far more than money – they can place enormous strain on family relationships. Our role is to provide clear legal advice, protect our client’s interests and work towards a practical resolution that allows them to move forward with confidence.” – Katie Williams
How HSR Law Can Help
Disputes over jointly owned property can be legally complex and emotionally challenging, particularly when they involve family members. Whether there is disagreement over beneficial ownership, an Order for Sale, or the intentions behind a financial contribution towards a property, obtaining specialist legal advice at an early stage can make a significant difference. A clear understanding of your legal position can often help resolve matters before costs and tensions escalate.
At HSR Law, our experienced Property Litigation Solicitors advise clients on a wide range of Trusts of Land and Appointment of Trustees Act 1996 (TLATA) disputes. We assess the evidence, establish the nature and extent of our client’s beneficial interest, negotiate with the other parties, and, where necessary, represent clients in Court proceedings, including applications for an Order for Sale. Throughout every case, we focus on achieving practical, cost-effective solutions while protecting our clients’ financial interests.
Our approach is pragmatic, supportive, and tailored to the circumstances of each dispute. We understand that family property disagreements are rarely just about the property itself. By combining clear legal advice with strategic negotiation, we help clients resolve disputes and move forward with confidence.
If you are involved in a dispute over jointly owned property, need advice about your beneficial interest, or are considering a TLATA claim, contact HSR Law today to speak with one of our experienced Property Litigation Solicitors.
Trusts of Land and Appointment of Trustees Act 1996 Disputes FAQs
Disputes over jointly owned property can be legally and emotionally complex, particularly when family members or former partners disagree about ownership, financial contributions, or whether a property should be sold. Below, our frequently asked questions explain how Trusts of Land and Appointment of Trustees Act 1996 (TLATA) disputes are resolved, what a beneficial interest means, when an Order for Sale may be appropriate, and how HSR Law’s experienced Property Litigation Solicitors can help protect your interests and achieve a practical, cost-effective outcome.
A Trusts of Land and Appointment of Trustees Act 1996 (TLATA) claim is a legal action used to resolve disputes over jointly owned property. These disputes commonly arise between family members, former partners, or friends who disagree about who owns what share of a property, whether a property should be sold, or how the proceeds of sale should be divided. The Court will consider the evidence, including financial contributions and the parties’ intentions, before reaching a decision.
If you are involved in a TLATA dispute, HSR Law’s experienced Property Litigation Solicitors can assess your legal position, explain your options, and help you achieve the best possible outcome through negotiation or Court proceedings where necessary. Contact HSR Law today for expert advice.
In some circumstances, yes. If the co-owners cannot agree what should happen to a jointly owned property, it may be possible to apply to the Court for an Order for Sale under the Trusts of Land and Appointment of Trustees Act 1996 (TLATA). The Court will consider a range of factors, including (but not limited to) how the purchase was funded, who has borne the cost and effort of maintaining it, the interests of anyone living in the property and the financial circumstances of the proprietors before deciding whether a sale is appropriate.
At HSR Law, our Property Litigation Solicitors regularly advise clients on applications for Orders for Sale, helping to resolve disputes as efficiently and cost-effectively as possible. Contact us to discuss your circumstances.
A beneficial interest is a person’s financial interest in a property, even if they are not the sole legal owner. A beneficial interest may arise through direct financial contributions, mortgage payments, or an agreement or understanding between the parties about ownership. If there is a dispute about the size of a person’s beneficial interest, it may be necessary to gather evidence and, in some cases, pursue a TLATA claim to establish each party’s entitlement.
HSR Law’s experienced Property Litigation Solicitors can advise you on your beneficial interest, help gather the evidence needed to support your claim, and represent you throughout negotiations or Court proceedings. Contact HSR Law today to find out how we can help.
