The Legal List: 4 Ways to Navigate a Property Dispute - Mike Gingerich The Legal List: 4 Ways to Navigate a Property Dispute - Mike Gingerich
Finding yourself in the middle of a property dispute can add a lot of stress to your life. To ensure that you get the best possible outcome from this difficult situation, you must handle the situation properly. While a property dispute can be tough to deal with, if you follow the correct process, you will be able to find the best resolution. Thereby, putting the ordeal behind you as soon as possible.
Even if your case doesn’t make it to the courtroom, it is always wise to seek professional legal advice to help you with your property dispute case. Experienced property lawyers in Melbourne and other parts of the country can help guide you through the specifics of your case. While this might be your first property dispute, a property lawyer with experience will have been through this process multiple times. They have the expertise necessary to advise and guide you to a resolution.
Let’s take a look at four effective ways that you can navigate a property dispute succesfully.
Buying The Other Owner Out
One of the most straightforward solutions to a property dispute between co-owners of a property is for one owner to buy out the other. Whether you purchase your partner's share or they purchase yours. One person taking sole ownership of the property, ends the dispute. However, this is often easier said than done. If there are bad relations between the two parties, you may find it difficult to reach an amicable agreement.
If both owners can agree to sell the property that is in dispute and divide the profits from the sale evenly, this can be another way to resolve the dispute successfully. If you are on good terms with the other owner, or owners, you can agree to put the property up for sale. Then once sold, split the realtor and legal fees and take an equal portion of what is left. This can be a great way to maintain your relationship with the other parties. Especially as nobody will stand to profit from the property moving forward which, if it is a success, could leave those that sold their share feeling bitter.
Try The Mediation Route
Hiring a mediator to help you resolve your dispute is a popular choice with property disputes. This can enable you to find a solution without having to go to court. A mediator will facilitate the communications between the parties involved and try to ensure that everyone’s voice is heard. You may decide to have legal representation with you at the mediation hearing, however, it is not mandatory to do so. Solving your dispute amicably through mediation can help to save you time and money going to court. Additionally, it can help protect your relationship with the other party.
Apply To The Supreme Court
If you and the other people involved in the dispute cannot reach an agreement, you may have no choice but to apply to the Supreme Court for the appointment of a statutory trustee for the sale or partition of a property. This is unless there is a de facto relationship or a marriage breakdown to take account of, in which case Family Court will be the appropriate venue. Note, there is a significant cost when pursuing this route and submitting an application to the Supreme Court. However, choosing this option can help to save you a huge amount of time, money, and years of stress. Many disputes continue for years and never reach a resolution outside of court.
Resolve Your Property Dispute Successfully
Dealing with a property dispute can cause a lot of anxiety, stress, and worry. Follow the steps outlined above to ensure that you get the best possible outcome from your property dispute. Do your best to resolve the dispute as amicably as possible for the benefit of all involved. However, if that fails, don’t be afraid to pursue your case to the end to ensure that you get what you deserve. Ensure you will not end up in financial trouble down the line as a result of this dispute.