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My dad and his brother purchased a property many years ago, at the time they were in business together and the property was paid for with a business check of which my dad has the returned, paid check from the bank as evidence that this was how the property was purchased. At the time my uncle went to the conveyancing clerk to arrange exchange and he vested all of the property into his wife's name (with the excuse that this was for tax purposes etc.) they continued in business together for a number of years before an argument broke out and they dissolved the partnership, my uncle will now not give my dad his share of the property or acknowledge that he is entitled to it. I understand from land law that if you can prove that you contributed to the purchase price of the property you can prove equitable ownership in the property and that the appropriate steps to take are to enter a restriction at land registry to prevent any dealings in the property without the equitable owners consent. The problem is that following a search at land registry and comments made by my uncle it has become apparent that he (or my auntie for legal purposes) has transferred the property to his daughters name by deed of gift. What would be the situation in this case, I understand that if a purchaser had bought the property then a claim would have to be made against my uncle in a civil court but as he has given the property away by deed of gift would it be the case that it was not his to give away in total and therefore only his half was given as gift and my dad can still prove that he is half owner? One other question that is loosely related is: Are there any steps that you can take to force the sale of a property of which you are part owner?

November 27, 2008 by Anonymous

This does seem to be a fairly straightforward matter in which you have very definite rights. Your father and his brother were in business together with a view to profit and accordingly a legal partnership was formed in accordance with the Partnership Act 1890. It will follow from this that the property they purchased was partnership property.

When a partnership is dissolved as has happened here, all the partnership property must be sold for the payment of partnership liabilities and the balance distributed between the partners. Your father will accordingly have an entitlement to this amount.

The property has now been transferred by deed of gift to another. If a person acquires a property for valuable consideration without notice of other claim is the property will be acquired free of those claims. Were this to be the case your father would not have the security of the property and would have to proceed directly against his brother. The position can however be very different when consideration was not paid for the property. This is something which will require further examination and with which I would be happy to assist.

As to the other question you raise which I am taking to be unconnected, a joint owner of property has a right under the Trusts of Land Act to call for a sale of jointly owned property which is held on trust for sale.