It is not uncommon when a relationship breaks down for there to be disputes over property – it is usually the largest asset.
In particular if:
- One partner has contributed sufficiently more financially
- One partner considers they have increased the property’s value through improvements
- The property is in the name of one of you – not both
To take a property dispute through the Court is not for the faint hearted. It can be a very costly and time consuming process. Where I can, I help you to avoid the unnecessary wrangling – whether that is through mediation or skillful legal negotiation.
Property Dispute Mediation
Where possible, I advise mediation before going though the Court process. It helps to open up a discussion to reach a constructive agreement that is fair to all.
Too often the equity of a property can be soaked up by legal costs. Mediation will will save you costly Court fees and is less stressful.
Property Dispute Resolution
If mediation is not an option to resolve your property dispute, I can act for you through the legal process. Through skillful negotiation, an agreement can be reached at any stage during the legal process; this can be formally recorded through a Consent Order, I can draft this for you.
If an agreement cannot be reached, then the dispute will go to Court.
The Legal Process
At a first meeting either at your home, my office or a place of your choice – I will gather all the initial facts needed to start the legal process. I can then advise you about your position and negotiate for you.
If the Property dispute is not part of Divorce proceedings I will guide you through the claim process under TOLATA (“The Trusts of Lands and Appointment of Trustees Act 1996”)
The Court Process
A detailed claim form is submitted to the Court. This can be a complex and lengthy process as evidence and documentation will be required.
A Court hearing will then decide what is to happen next – whether further information is required or a resolution can be made. There can be a number of Court hearings.
Facing a Property Dispute Resolution?
My home office is in Barnes, Richmond Borough – easily accessible for SW London. You can arrange for an appointment at my office or a place of your choice.
Appointments are flexible from 8am – 7pm. Not running a City office means my fees are kept extremely competitive.
Telephone 020 8133 0153 and I can advise or complete the contact form below.