Property disputes

Disputes relating to property are commonplace. A common form of property dispute is one in which a matrimonial home is in the sole legal name of a spouse. The problem is that in the event of a dispute between the husband and wife, one could seek to exclude the other from the house, relying on the fact that they have the sole legal ownership.

The law attempts to prevent property disputes by giving the spouse a statutory right of occupation. A spouse or civil partner may not be excluded from the family home without a court order. If the right to occupation is not registered, then it will not bind the buyer; however rights can be registered right up to completion so much time and money can be wasted by failing to properly investigate the property before exchange of contracts. 

Property disputes over ownership can also occur when another person living in the house has contributed to the purchase price of the property, but is not the legal owner. This type of interest is an equitable interest and in registered land would be binding on a buyer of the land as ‘an overriding interest’. In order to prevent a dispute arising in the future because of another person having an interest in the land, it is important that a prospective buyer investigates the exact status of each occupier of the property.

If you would like to obtain legal advice on property disputes, or advice on possible rights that people may have over property, Contact Law can put you in touch with a local specialist Property Solicitor free of charge.  So, if you have any questions or would like our help in finding local Property Solicitors please call us on 0800 1777 162 or complete the web-form above. 

Last Updated on 11/07/2012