TOLATA Claims

If you are an unmarried couple who is cohabiting and upon separation you have a dispute regarding a property or land that is jointly owned or have a financial interest in, your principal remedy is to apply for relief under section 14 of the Trusts of Land and Appointment of Trustees Act 1996.

The Court has the power to:

• Order the sale of the property
• Declare the parties’ beneficial shares in the property

What factors will the court take into consideration when determining a TOLATA claim?

Some of the key issues are:

• What the parties’ intentions were concerning your property ownership;
• Considering what the purpose of that property is;
• Any written agreements or declarations of trust;
• Financial contributions made to that property; and
• To a certain extent, the welfare of the children residing at the property.

Why should you consider settling out of court?

Before going ahead with your TOLATA claim, there is a requirement to attempt to  settle your dispute out of court. This can be an amicable way of solving matters and a much better alternative if you and your ex-partner have children together.

Common ways of settling TOLATA claims outside of court are through:

• Mediation

The use of an impartial specialist called a mediator to assist you and your ex-partner in reaching an agreement.

• Solicitor negotiation

This is where your solicitors will work with you both to negotiate a settlement.

• Arbitration where a professional third party decides the dispute
• Early neutral evaluation – a professional third party gives an informed opinion on the dispute.

Its important to note that TOLATA claims must follow a very strict and complex procedural guideline therefore, we advise that if you need advice on any issues in this article   please  contact the Family Team at Johnson Astills today to discuss your matter further. Please call us at our office in Leicester on 0116 255 4855 or our office in Loughborough on 01509 610 312 and ask to speak to a member of the Family Team. Alternatively, you may prefer to email us at legal@johnsonastills.com or fill in our enquiry form.