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This area covers when two or more people share ownership of property because they had a common intention to do so, even if the legal title sits with one of them. A solicitor helps establish whether a trust arises, what share each party has, and remedies if the share is disputed. They draft or review statements of case, gather evidence of the parties’ intentions, and pursue or defend claims for declarations of trust, financial adjustments, or orders to transfer or register property. Practical work includes advising on construction of contributions, negotiating settlements, and guiding proceedings in courts or tribunals.
The solicitor identifies the substantive issues (who intended what, how contributions were made, and how ownership should be allocated), navigates factual disputes, and handles the legal framework for trusts, property, and possible rectification. They instruct or liaise with surveyors, accountants, and other experts, prepare or respond to disclosure and witness statements, and manage court or tribunal steps to secure a formal declaration or remedy.
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