The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) Law
The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) gives the Court power to make decisions where there are property disputes between unmarried couples.
Many cohabiting couples purchase homes together. In the event that the relationship breaks down, a dispute between the parties may arise in relation to the ownership of the property or occupation.
What are the rights of unmarried couples living together?
In England and Wales, there is no such thing as a common-law marriage. If you are an unmarried couple who live together, you will not have the same legal rights as a married couple.
This means that following the breakdown of a relationship, couples may have very few rights and it can become difficult to decide what should happen to finances and assets.
These disputes often arise between co-habitants who do not agree with their share of interest in the property.
The provisions of this Act allow a party to apply for, what is called “declaratory relief” from the Court. In other words, asking the Court for a declaration as to their rights and interest in the property.
Under the Act, the Court has very broad powers and can make a declaration as to each party’s property rights according to established principles of trust law.
Where children are involved, an application under the Children Act may also be appropriate to be heard together with the TOLATA application.
TOLATA gives Courts certain powers to resolve disputes about the ownership of the property (or land).
A TOLATA claim can be issued:
To force the sale of land or property.
To reoccupy a former family home when an ex-partner refuses to leave.
Parents/grandparents wanting to recover their financial interest in the property.
To determine the share you each own.
Even if you are not named on the deeds.
What Services Do Bank Solicitors Offer?
Our TOLATA solicitors can help:
Protect you from a future TOLATA claim being made if your relationship breaks down.
Settle your property dispute out of court.
Make a TOLATA claim.
Defend a claim being made against you.
Make a professional negligence claim, if a solicitor or licensed conveyancer didn’t advise you correctly about this issue.
Should You Consider Settling Out Of Court?
Before starting a TOLATA claim, it’s a good idea to consider whether you’ll be able to settle your dispute out of court. This is a much better option if you and your ex-partner have children together.
The most common ways of settling TOLATA claims out of court are through:
Mediation
This is where you use an impartial specialist called a mediator to help you come to an agreement.Solicitor negotiation
Fortunately, there are alternative methods of dispute resolution, and this is also something that Bank Solicitors has considerable experience of. This is also important if the case goes to court under TOLATA, as the judge presiding over your case will want to know if alternative pre-court methods have been tried, and can impose penalties if alternative dispute resolution has not been attempted. This penalty often involves having to pay additional costs. It is, therefore, worthwhile trying to avoid court where possible.
Our solicitors are experts in this area and could help save you money, and unnecessary stress.
Making a TOLATA claim
Unmarried couples can make a TOLATA claim to ask the courts to determine the size of each joint owner’s shares in the property and whether the property should be sold.
If making a TOLATA claim is necessary, our dedicated solicitors will provide the advice you need on all the options available to you.
Our specialist team will be there to take care of any legal complexities for you and will be fighting your corner.
What’s The Process For Making A TOLATA Claim?
If you’re unable to settle your dispute out of court, the process for making a TOLATA claim is:
Letter Before Claim
This is a letter that sets out your case, ideally with evidence to support it.Response
After receiving the letter your ex-partner has a short period to respond and set out their case.Early settlement
At this point, it may still be possible to settle your claim without going to court.Court
If you can’t settle your claim out of court, then you can make a claim for the Court to decide.
How long this process takes will very much depend on your specific situation. This can include how complex your case is, as well as how willing you both are to negotiate.
Our solicitors are experts in negotiation, as well as the Court process. We can help you make or defend a TOLATA claim.
Why Choose Bank Solicitors?
Proceedings are expensive and the cost of bringing a case to a Final Hearing may be astronomical. The proceedings will not be commenced in the Family Court and are classed as 'Civil Proceedings' and this has serious cost implications. It is important that legal advice is obtained in connection with this difficult and complex area of law.
Proving that someone has a financial interest in a property they don’t own can involve very technical legal arguments. So it’s important that you have the experts on your side to get the best outcome.
We understand that things can get even more complex when children are involved. We’re skilled negotiators, and will do everything we can to try and settle the claim out of court, with a minimum amount of fuss. However, where we need to go to court, rest assured that we have the experience to get you the best possible result.
Bank Solicitors can help you with all stages of TOLATA, including court hearings, pre-action protocol, and any other stages of the legal proceedings. We recognise that this area of law can appear complex, and so we are here to make things easy for you, by using our first-class legal knowledge and significant expertise in this area of law.
Arrange your free consultation to see for yourself why our solicitors are a cut above the rest.
