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Hi, I’m looking for legal advice on a property situation that may develop into a TOLATA matter.
I jointly own a property as a joint tenant with another party. We bought the house together in 2013. In 2018, the co-owner left the property following arrest and was later imprisoned in 2020 for serious criminal offences unrelated to the property. Since he left, I’ve been solely responsible for maintaining the home. From the time of his imprisonment onwards, I’ve also been the only one making the mortgage payments.
Throughout his time in prison, I made numerous efforts to open discussions and negotiate a buyout. Unfortunately, I received no cooperation or response. Now, four and a half years later, he has suddenly chosen to resume negotiations — at a point when the equity in the property has increased significantly. This makes buying out his share far more difficult financially than it would have been several years ago. Is it possible to argue that this delay was intentional and unfairly benefits him at my expense?
To be clear, no legal proceedings have been issued at this stage — I am trying to resolve matters amicably — but if it does go to court under TOLATA, I would be very grateful for advice on the following:
I’m currently trying to resolve this without court action but would really value any input, especially from those familiar with TOLATA or similar cases. I’m also struggling to find directly comparable case law, so any pointers or insights would be very welcome.
Thanks in advance.
I jointly own a property as a joint tenant with another party. We bought the house together in 2013. In 2018, the co-owner left the property following arrest and was later imprisoned in 2020 for serious criminal offences unrelated to the property. Since he left, I’ve been solely responsible for maintaining the home. From the time of his imprisonment onwards, I’ve also been the only one making the mortgage payments.
Throughout his time in prison, I made numerous efforts to open discussions and negotiate a buyout. Unfortunately, I received no cooperation or response. Now, four and a half years later, he has suddenly chosen to resume negotiations — at a point when the equity in the property has increased significantly. This makes buying out his share far more difficult financially than it would have been several years ago. Is it possible to argue that this delay was intentional and unfairly benefits him at my expense?
To be clear, no legal proceedings have been issued at this stage — I am trying to resolve matters amicably — but if it does go to court under TOLATA, I would be very grateful for advice on the following:
- Could the division of equity be adjusted by the court to reflect my sole financial and practical contributions since he left?
- Are there any known cases where imprisonment or criminal conduct by one co-owner influenced the court’s decision on property division?
- I understand Jones v Kernott adjusted shares based on the parties’ intentions and conduct. Might similar reasoning apply in my case?
- Would the court consider the impact of the delay in negotiations, especially where it has placed an increased financial burden on the remaining co-owner?
- Finally, how much weight, if any, do courts place on emotional hardship or family vulnerability — especially in cases where the criminal conduct directly affected someone still living in the property?
I’m currently trying to resolve this without court action but would really value any input, especially from those familiar with TOLATA or similar cases. I’m also struggling to find directly comparable case law, so any pointers or insights would be very welcome.
Thanks in advance.