When there is dispute over property when an unmarried couple go their separate ways, it is nearly always advisable for the couple to try and resolve their differences themselves to save money on professional fees and to save time. 

When this is not possible, mediation or another method of dispute resolution may help them reach an agreement.

If this is unsuccessful, the couple may wish to engage their own legal representatives to try and reach a negotiated settlement and if they are able to reach an agreement, this can be set out in a separation agreement.

The last resort would be to make an application to the court for the court’s assistance in resolving their dispute under the Trust of Land and Appointment of Trustees Act 1996.

This can include seeking a declaration specifying what the parties’ individual shares in the property are, who should occupy the property and can also include a request for an order that the property is placed on the open market for sale. 

Victoria Emens is a senior associate in the family team and Hollie Lilley is an associate in the property disputes team at RWK Goodman