TOLATA

Are you looking to bring a TOLATA claim to resolve a property dispute with your partner?  Would you like to understand your options?  We can help.

As society evolves, more and more unmarried couples are buying property and setting up home together.  If their relationship later breaks down they will find that unmarried couples do not have the same rights that are available to couples who are married or in a civil partnership and there are no divorce courts to decide how to divide up their assets.  They are then left facing a stressful dispute over what happens to their property.

Perhaps one partner put down a larger deposit when the house was purchased, or paid more towards the mortgage than the other?  In an ideal world, unmarried couples will reach an informal agreement over their shared property as this can be a faster and cheaper process.  However, in reality relationships are likely to be strained and this may not work out.  In this case, unmarried couples have the option to bring a TOLATA claim to resolve matters.

What is a TOLATA claim?

The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA for short) is a piece of legislation that provides a mechanism for resolving disputes relating to the ownership of property and use of land held in trusts.

Can you make a TOLATA claim?

There are several scenarios where it may be possible to bring a TOLATA claim, for example:

  • You put down the deposit and the mortgage is in both of your names
  • Your partner/ex-partner is the sole owner of the property
  • Your partner put down the deposit and the mortgage is in both of your names

  • The deposit for the purchase of the property was provided by both of you in unequal proportions

  • Your partner paid the deposit and the mortgage is in their name but you contribute towards the payments

  • The property is in joint names, but you have never contributed financially, however you have dependants living at the property with you

With any claim, the court will consider all the evidence provided and will make a decision on how the property should be divided.

How to make a TOLATA claim

If you have exhausted other avenues to reach a mutual agreement and have decided you wish to make a TOLATA claim, there are a few steps you will need to take.  Due to the nature and complexity of the process, we would always recommend seeking help from a legal expert who will give you the best chance of bringing a successful claim.

How can Backhouse Solicitors help?

The team at Backhouse Solicitors are experts in all areas of property litigation and are here to help you resolve your dispute.  We will sit with you to find out the details of your situation, discuss your options with you and advise on whether it is right for you to bring a TOLATA claim against your partner.  If so, we will help you prepare your claim and guide you through the resulting court proceedings to give you the best chance of achieving the result you want.

To find out more, contact us today to book your free 30-minute consultation with one of our friendly, expert dispute resolution solicitors.

Tel:      01245 893400 | 01702 410880
Email: info@backhouse-solicitors.co.uk
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