You will need to establish whether you and your brother own the property as ‘joint tenants’ or as ‘tenants in common’. These are the two methods of joint ownership available under English law.
How can I tell if my brother is joint owner of my property?
The transfer will have been recorded at HM Land Registry, which if done correctly, should show that you and your brother are the joint owners of the property. The starting point for any property dispute is to examine the nature of the joint ownership.
How can I dispute ownership of my property with my brother?
The starting point for any property dispute is to examine the nature of the joint ownership. You will need to establish whether you and your brother own the property as ‘joint tenants’ or as ‘tenants in common’. These are the two methods of joint ownership available under English law.
When did my brother buy my house together?
In 2011 we purchased a property together to get ourselves on the property ladder. We each contributed half the total cash deposit of £35,000 (so £17,500 each) to buy a property that cost £195,000. In December 2014 I moved out of the property as he was having a baby with his partner and he needed the room I used as my office for the baby.
When do tenants in common own the property?
When the tenants in common can’t agree about how to manage the property, whether to sell the property, or who should rent the property, heated conflicts can arise. In such situations, the rights of the respective tenants in common are not always clear.
What’s the difference between joint ownership and tenancy?
Like tenancy in common, with joint tenancy, all tenants have the right to use the whole property. Another similarity is that there may be two or more tenants. But there are many differences between the two types of ownership. If a joint tenant with right of survivorship dies, the other joint tenant (s) automatically receive the deceased’s share.
