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.
Answer each question to see where it leads. Tap any earlier step to change your answer.
Joint owners who fall out
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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.
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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.
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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
Tenants are not affected
The tenancy continues whatever the owners decide. A sale can be with the tenants in place.
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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.
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Get legal advice
A solicitor can advise on your share and the chances of an order for sale.