Trusts of Land and Appointment of Trustees Act 1996:

A Guide to TOLATA Claims

When property disputes arise, particularly between unmarried couples, family members, or business partners, the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) can provide a crucial legal framework for resolving matters. If you find yourself in a dispute over property ownership or rights, understanding TOLATA claims can be essential in protecting your interests.

At Bank Solicitors, we specialise in TOLATA claims across Redditch, Bromsgrove, Birmingham, Warwickshire, Worcestershire, and the surrounding areas. Our expert team is here to guide you through the complexities of property disputes and ensure the best possible outcome for your case.

What is TOLATA?

TOLATA gives courts the power to determine property disputes where ownership, occupation, or financial interests are in question. These claims typically arise when individuals co-own property and cannot agree on their respective shares or what should happen to the property.

Who Can Make a TOLATA Claim?

A TOLATA claim is commonly made by:

  • Unmarried couples who own property together and have separated

  • Family members who jointly own property but have a disagreement

  • Business partners with shared property investments

  • Individuals who have contributed financially to a property but are not named on the title deeds

If you are unsure whether you have grounds for a TOLATA claim, our solicitors at Bank Solicitors can assess your situation and provide expert legal advice tailored to your circumstances.

Common Reasons for TOLATA Claims

Disputes Between Unmarried Couples

Unlike married couples, who have automatic rights to shared property under family law, unmarried partners must rely on property law to establish their financial interest in a home. A TOLATA claim can help define the legal ownership and ensure fair division of assets.

Property Investment Disputes

Business partners or family members who invest in property together may later disagree about their respective shares or whether the property should be sold. TOLATA claims can provide a legally binding resolution.

Right to Occupy a Property

One party may wish to remain in a property while another wants to sell. TOLATA can be used to clarify who has the right to occupy the property and under what terms.

How Does the Court Decide a TOLATA Claim?

When determining a TOLATA dispute, the court will consider factors such as:

  • The legal ownership as recorded on the property title

  • Any financial contributions made towards the deposit, mortgage, or renovations

  • Any agreements, either written or verbal, between the parties

  • The intentions of those involved at the time of purchase

The court may order:

  • The sale of the property and division of proceeds

  • That one party buys out the other’s share

  • A ruling on the right to remain in the property

Why Choose Bank Solicitors for Your TOLATA Claim?

Expert Knowledge in Property Disputes

Our team has extensive experience handling complex TOLATA claims in Redditch, Bromsgrove, Birmingham, Warwickshire, Worcestershire, and beyond. We understand the nuances of property law and will work tirelessly to achieve the best outcome for you.

Personalised, Client-Focused Approach

We recognise that property disputes can be stressful and emotionally charged. That’s why we offer clear, strategic advice tailored to your unique situation. We’ll take the time to understand your goals and explore all available legal avenues.

Strong Negotiation and Litigation Skills

While we always strive to resolve disputes amicably through negotiation and mediation, we are fully prepared to take matters to court if necessary. Our solicitors have an excellent track record of securing favourable outcomes for our clients.

Get Expert Legal Advice Today

If you are involved in a property dispute and need guidance on TOLATA claims, don’t leave things to chance. Contact Bank Solicitors today for expert legal advice. We provide specialist support to clients across Redditch, Bromsgrove, Birmingham, Warwickshire, Worcestershire, and all surrounding areas.

Call us now to book a consultation and take the first step towards resolving your property dispute with confidence.

Tel: 01527 892949