How are debts owed to family members dealt with in divorce proceedings?
The first question for the court to determine is whether the debts are legitimate, and this is a...
The Circumstances
You have lived with someone.
You now no longer do – perhaps you were a romantic couple who have broken up. Perhaps you and your former partner have a child together.
If you were unmarried but owned a home together (whether as joint tenants or tenants in common), it is likely that you will need to resolve who owns what and who gets what, as otherwise a party may end up leaving the home but still having a share of it (and likely not having the funds to purchase a new home, and possibly leading to arguments about the mortgage); or two people who do not want to do so may end up having to continue to live together.
What Should You Do?
In such circumstances, it may well be worth you speaking with a solicitor, such as one of those in our litigation team, so that you can receive advice on your options, and help with carrying out the option you choose to pursue. Please call us on 01384 410410 and ask to speak to one of our litigation team, or email us at litigationdept@georgegreen.co.uk.
It is usually best to try to agree a resolution amicably with your co-owner, but that is not always possible.
Often if amicable settlement is not possible, one of the co-owners applies for declaratory relief under the Trusts of Land and Appointment of Trustees Act 1996 (“TOLATA”).
The court has fairly wide-ranging powers to resolve such disputes under that legislation, including the power to make an Order for Sale or to make a declaration as to the ownership of the property.
Our specialist solicitors can advise on your options, and have experience of guiding clients either all the way to an order for sale, or to a negotiated resolution, as may be most appropriate.