Flow diagram · England & Wales

Joint owners who fall out

When co-owners of a rental (siblings, partners, friends) can't agree on keeping or selling it.

LandlordWala · Joint owners who fall out · England & Wales

Joint owners who fall out

  1. 1

    Check how you own it

    Check the register, the transfer and any declaration of trust. The Land Registry title shows who the legal owners are (a restriction may show you're tenants in common) but not your shares. Beneficial joint tenants have no separate shares; tenants in common have defined shares, equal or unequal.

  2. 2

    Talk, then mediate

    Agree a buy-out at a valuation, a sale, or who manages and how rent is split. Mediation is cheaper than court.

  3. 3

    Can you agree?

    YesRecord it in writing (and a declaration of trust if shares change).
    NoEither owner can apply to court for an order for sale or to settle shares (TOLATA 1996, s14).
  4. 4

    Tenants are not affected

    The tenancy continues whatever the owners decide. A sale can be with the tenants in place.

  5. !

    Tax on a buy-out or sale

    Selling or buying a share can mean capital gains tax and stamp duty — get advice before agreeing figures.

  6. ✓

    Get legal advice

    A solicitor can advise on your share and the chances of an order for sale.

Checked against official sources on 10 November 2026 · General information, not legal advice · landlordwala.com/diagrams/joint-owners-dispute

Have a solicitor handle it

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