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Our specialist property dispute solicitors have a lot of experience in advising in this area so please do get in contact to discuss your situation and how we can help.
TOLATA is the shorthand for a claim under the The Trusts of Land and Appointment of Trustees Act 1996.
The key thing to understand about these disputes is that they relate to beneficial entitlement of a property where an unmarried couple live together but only 1 person is the registered legal owner.
TOLATA claims typically arise when:
Unmarried couples separate and dispute property shares.
Family members disagree over inherited property.
Friends or investors jointly purchase property without clear agreements.
Someone contributes to property purchase/improvement without legal ownership.
TOLATA sets out the framework for the Court’s powers to decide on beneficial ownership rights of unmarried couples. The court will determine who are the beneficial owners of a property and in what proportions.
The court considers several factors when deciding TOLATA claims:
The intentions of the parties
The purpose for which the property was bought
The welfare of any minor occupants
The interests of secured creditors
Under TOLATA, if the Court decides the claim has merit, it has the express powers to decide:
If only 1 party is the legal owner, whether the other party has any financial (beneficial) interest in the property
The respective proportion of equity each party is entitled to
Whether the property must be sold
If the property is not to be sold, who can live in the property and on what terms
As with any civil dispute it is rarely advisable to go all the way to a trial. Litigation is always risky, expensive and uncertain.
Our team provides:
Initial assessment of claim strength
Evidence gathering and case building
Negotiation and court representation if needed
A negotiated or mediated settlement out of court is often the best outcome and we are highly experienced in helping clients get the best available outcome.
Telephone -
9am to 5pm
Partner
Highly experienced solicitor specialising in all types of property related disputes including TOLATA disputes and claims.
Other lawyers in the firm who also specialise in TOLATA claims.
Call our team or fill out the form below and we will get back to you as soon as possible.
Telephone opening hours -
9am to 5pm