What if One Owner Wants to Sell and the Other Doesn’t?

17 MARCH 2026 11:15

What Happens if One Owner Wants to Sell and the Other Doesn’t? (England & Wales Only)

Disputes over jointly owned property are common in England and Wales. They often arise after relationship breakdowns, inheritance, or disagreements between investment partners. One owner may want to sell the property and move on, while the other refuses. When this happens, the situation can feel frustrating and legally confusing.

This article explains what your rights are and what legal options may be available if you are involved in this type of dispute.

 

Understanding Joint Ownership

In England and Wales, property can be owned jointly in two main ways:

1. Joint Tenants
   Each owner owns the whole property together. There are no distinct shares, and if one owner dies, their interest in the property automatically passes to the other owner.
2. Tenants in Common
   Each owner has a defined share of the property (for example 50/50 or 70/30). These shares can be left to someone else in a will.

Even though ownership structures differ, both types of co-owners have legal rights to the property.

 

When One Owner Wants to Sell

If one owner wants to sell the property but the other refuses, the property cannot usually be sold without agreement from all owners.

However, this does not mean the situation cannot be resolved.

Disputes are typically addressed under the Trusts of Land and Appointment of Trustees Act 1996, often referred to as TOLATA.

This law allows the court to determine how property owned under a trust of land should be dealt with.

 

Common Situations Where Disputes Arise:

Disagreements about selling property frequently occur in situations such as:

• Separation where both partners remain on the title
• Inherited property co-owned by siblings or family members
• Joint investment properties where partners want to exit
• One owner living in the property while the other does not live there
• Financial difficulties affecting one co-owner

Each situation can raise different legal issues about ownership rights and financial interests.

 

Possible Ways to Resolve the Dispute:

Before legal proceedings are considered, many disputes are resolved through negotiation.

1. Agreement Between the Owners

The simplest solution is for both parties to agree to sell the property and divide the proceeds.

Alternatively, one owner may buy out the other owner’s share.

2. Mediation

Mediation can help co-owners reach a compromise without going to court. A neutral mediator assists both parties in negotiating a solution.

This is often quicker and less costly than litigation.

3. Court Application for an Order for Sale

If agreement cannot be reached, one owner may apply to the court for an order for sale under the Trusts of Land and Appointment of Trustees Act 1996.

The court will consider several factors, including:

• The intentions of the parties when the property was purchased
• The purpose for which the property is held
• The welfare of any children living at the property
• The interests of secured creditors (such as mortgage lenders)

If the court decides it is appropriate, it may order that the property be sold.

 

Can the Court Force a Sale?

Yes, in some cases the court can order that the property be sold, even if one owner objects.

However, the outcome depends on the specific circumstances of the case. Courts will often encourage parties to reach agreement before making such an order.

 

Why Early Legal Advice from Gomer Williams Is Important

Property disputes between co-owners can become complicated, particularly when there are issues about:

• beneficial ownership shares
• contributions to mortgage payments
• occupation of the property
• financial settlements following separation

Obtaining legal advice from us early can help you understand your rights and explore the most effective way to resolve the dispute.

 

Speak to a Solicitor when:

• a co-owner refuses to agree to a sale
• negotiations between owners have broken down
• you want to recover your share of the property
• you need advice on whether court action is appropriate

 

Worried about funding your case?

Don’t worry! Gomer Williams have a range of options for funding for your to decide upon:

• Affordable fixed-fee packages.
• Flexible instalment plans.
• Damage based agreements- where we represent you and split any compensation you receive.*
• We can introduce you to third-party funders.

And, with low hourly rates, we will only ever recommend a funding option which suits you. *Terms and conditions apply!

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