TOLATA and Property Disputes Between Unmarried Couples

TOLATA and Property Disputes Between Unmarried Couples

The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) provides the Court with the power to make decisions when there are property disputes on the ownership. This could be between unmarried couples for example.

This Act enables the Court to decide:

• The ownership of a property;
• Whether a party has interest in a property;
• Whether there should be sale of the property; and
• who may remain at the property.

This can include property that is own jointly as joint tenants or tenants in common and property that is solely owned.

If you consider that you have a beneficial interest in a property and that your beneficial interest is not being reflected fairly or you are not being sufficiently compensated for your contributions to that property, you may wish to explore a TOLATA claim.

The process of a TOLATA claim

The process of bringing a TOLATA claim is as follows:

1. Letter before Claim – once establishing your circumstances and the background, a letter will be sent to set out your claim and provide evidence in support of your position.
2. Right to Response – The other party is given a right to respond to set out their position and any arguments against your position.
3. Discussions – Discussions are likely to take place in order to settle matters by agreement.
   It is typically much more beneficial, in both of time and costs, for parties to settle on an arrangement that suits them both and represents both their interests as fairly as possible.
4. Issue a Claim – If agreement cannot be reach, you may proceed to issue a claim with the court for them to decide. This claim will include a claim form and particulars of claim.
5. Defence – The opponent will have the opportunity to serve a defence outlining their position.
6. Directions – Following the above, directions for alternative dispute resolution, disclosure, expert evidence, witness statements and various next steps will be sought to be agreed between the parties. If they cannot be agreed, the court will order the directions and deadlines.

Contact us

Rix & Kay Solicitors would be able to assist you in the reaching of settlement in relation to both TOLATA claims for property but also dealing with your separation as a whole. Please contact Janet Raeburn on e. JanetRaeburn@rixandkay.co.uk or t. 01825 744 482, who would be more than happy to help you.