PROPERTY DISPUTES - Jointly Owned House Dispute

Property Disputes Over Homeownership Resolved

The most commonly asked questions explained. Read on to find out more.

Jointly Owned House Dispute Mediation

jointly owned house dispute
Navigating Property Disputes Through Mediation: A Guide for Separation

Welcome to our comprehensive guide on property dispute mediation, offering practical solutions for individuals navigating separation or divorce. Whether your concerns involve residential or commercial properties, our aim is to provide valuable insights into resolving disputes amicably through alternative dispute resolution (ADR).

In the realm of property, conflicts can arise over various issues such as boundary disputes, tenant-landlord disagreements, or construction disputes. These matters often necessitate legal representation and may lead to lengthy court proceedings if not addressed effectively.

However, alternative dispute resolution methods like mediation offer a more constructive and efficient approach to resolving conflicts. By fostering good communication and encouraging collaboration, mediation enables parties to explore mutually beneficial solutions without the need for costly litigation in the high court or tribunal.

One of the key benefits of mediation is its flexibility in addressing different types of disputes, including those related to agricultural or commercial properties, which may have unique considerations under property law or the Housing Act. Mediation sessions provide a platform for parties to discuss their legal rights and receive practical advice from professionals such as chartered surveyors or solicitors.

Moreover, mediation allows parties to retain control over the resolution process and maintain a positive relationship with neighbours or co-owners, which is particularly important in cases involving nuisance or neighbourhood disputes. With the assistance of trained mediators or arbitrators, parties can navigate complex legal processes with confidence, whether in England, Wales, or elsewhere in the UK.

By considering alternative dispute resolution methods like mediation, individuals can avoid the adversarial nature of litigation and find a resolution that suits their needs. Whether it’s completing residential conveyancing transactions or addressing leasehold disputes, mediation offers a more efficient and cost-effective way forward.

As you explore the benefits of mediation and consider the next steps in resolving your property disputes, we encourage you to seek legal advice and explore the options available to you. With proper communication and the assistance of experienced professionals, mediation can be the best way to achieve a satisfactory outcome for all parties involved.

Sharing the Property?

If you are currently caught up in a dispute over the ownership or sale of a jointly owned house, mediation can help you solve the issue to protect your interests.

Disagreements can arise over who owns or is entitled to benefit from the entire sale proceedings, especially in cases involving unmarried couples who are separating without children.

In case the property is in your current partner’s name, and both of you have contributed to the mortgage and deposits, you will be entitled to a share.

If both of you own the house, then each owner will be entitled to 50 per cent of the home’s value.

The entitlement of every owner will depend on individual circumstances, and mediation can help solve the situation.

Jointly owned disputes
FAQ

Most frequent questions and answers

If you are separating, selling the household home is constantly seen as the simplest option.
Yet there might be problems: you might have problem finding a buyer, for instance, or be caught in adverse equity (when the worth of your home is less than the amount you owe on the mortgage). This can make selling and sharing the revenues hard.
You could have a hard time to get a home loan on a brand-new building as well.

There is also the option to defer the sale and agree how and when it will be sold in the future.  often known as a Mesher Order.

Before you make a judgment:

  • Until dedicating to a real estate setup, budget very carefully.
  • See to it you can manage to proceed living there, despite how appealing it could be to remain in your household home.
  • Learn the alternatives for home mortgages, what’s readily available and also what can be afforded.
  • Some building societies and banks supply Clean slate home mortgages for people that begin again
  • Learn if you are qualified for state benefits to assist with your expenses for housing
  • Accept that, at the very least for now, your way of living will change and be prepared to compromise.

If you are in conflict with your ex-spouse, or are having problem settling your split, you may be thinking about seeking a solution via the Family Courts.  In order to do this you just attend a MIAM (Mediation Assessment Information Meeting) and in most cases if mediation has not been attempted courts are sending clients back to try a joint meeting before seeking a solution via them.

A MIAM is an information sharing meeting and is very informal.  it is a chance to find out about mediation and for the mediator to find out about what you hope for.

Mediation uses a secure, private environment, allowing you and your former partner to discuss future plans.
Our Mediators are trained to help minimise the conflict and to assist both parties to consider all the options available.
It’s less costly than going to court, less complicated and less demanding.
It helps give long-lasting alternatives that are in everyone’s interests, especially the children.
It is flexible and can fit all of your family’s special requirements, permitting you to maintain more control over your own future.

How can I access Legal aid?

The first step to acquiring access to Legal Aid is for the mediator to fill in a form known as CIVMEANS7 during your first MIAM meeting. After which you then date and sign it. The form assists in calculating your income and outgoings.

You gain access only if you meet the following eligibility criteria:

You obtain income support, pension guarantee credit, Universal credit card and income based ESA. You live alone, and your household income is below £ 17000 p.a. You live with dependent children or/and a partner with a household income of below £ 21,000 p.a.