Co-Ownership Dispute
The client is concerned about their housing rights in the UK, where they co-own a property with a partner. The client seeks clarification on whether their partner can force them to leave the property. The property is subject to co-ownership, with no formal rental agreement. The situation involves issues related to housing rights, property co-ownership, and tenancy. Further context from the client is needed to provide a comprehensive understanding of their situation.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkCan my partner unilaterally force me to leave our co-owned property?
Your partner cannot unilaterally force you out of a property you both own as you both have equal rights to occupy the property. Co-owners have the right to possession, meaning each owner can use and enjoy the whole property. Any attempt to force you out would require a legal process, such as a court order. If disputes arise, mediation or legal intervention may be considered.
What legal rights do I have as a co-owner if we decide to separate?
As a co-owner of the property with your partner, you have equal rights regardless of your relationship status. This includes the right to live in the property and participate in decisions about it. If held as joint tenants, you have equal ownership interests; if as tenants in common, ownership may vary as outlined in your agreement. Your consent is necessary for significant decisions about the property.
How is the property's value and ownership typically divided in case of a dispute?
In a dispute, the property's value and ownership division are typically based on each party's financial contribution unless otherwise agreed. This is assessed through the concept of 'beneficial interest.' If both parties are registered co-owners, they may hold the property as joint tenants or tenants in common, affecting the division. The court may intervene to determine fair division based on contributions.
What happens if one of us wants to sell the property but the other does not?
If one co-owner wants to sell a jointly owned property and the other does not, the selling co-owner can apply to the court for an order of sale under relevant acts. The court will consider various factors, including the intentions of the parties and the welfare of any minors living in the property. Mediation is recommended before pursuing legal action.
