TOLATA Claim Solicitors
Expert guidance and support for unmarried couples navigating TOLATA claims
Choosing Goughs for TOLATA claims involving unmarried couples
At Goughs we have an expert dedicated team, experienced in TOLATA law and disputes, to help and guide you through the process from start to finish. We regularly succeed in negotiating a settlement out of Court, saving our clients time and money. But where it is required, our experienced litigators are on hand to fight for your entitlement and to break the deadlock through a carefully managed court application.
TOLATA claim and unmarried couple rights
Unmarried couples don’t have the same rights that married couples have where property is concerned, and have no automatic rights to share others savings, investments, pensions or housing when separated. If any assets are held jointly (unless specified differently by a written agreement), they will fall to be divided equally which can cause a significant dispute.
TOLATA can be used to determine who has rights over the property or what the split in ownership is between the two parties. It can also be used to determine whether the property is sold or transferred from one party to the other, or from both parties to one party’s sole name. However, the process allows for the possibility of out of court settlements, if both parties agree an outcome is fair. This approach is especially beneficial when it serves the best interests of any children involved.
What is TOLATA
The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) provides a framework for resolving property ownership disputes when there are multiple parties involved. This act is commonly invoked in situations where separated couples, or individuals (friends, siblings etc) share a home, whether it’s owned together or individually, and want to determine who owns what portion of it.
What is a TOLATA claim?
A TOLATA claim is a legal action that addresses the ownership of a trust involving land that has been held in either joint or sole ownership. TOLATA claims are submitted to either the County Court or the High Court and are governed by the Civil Procedure Rules (CPR).
If you believe you have a beneficial interest in a property but feel unfairly treated or inadequately compensated for your contributions, you may make a TOLATA claim. This legal action could enable you to recover your financial interest, either through a lump sum payment, securing the right to occupy the property or by transferring the property into your sole name.
Other uses for TOLATA
TOLATA can also be used beyond settling disputes between unmarried couples. This includes:
- Disputes between family members over jointly owned property or inheritance issues
- Business partners who own property together
- Investors who co-own a property as part of a venture or partnership
- If one party wants to be removed from a property’s title or mortgage
- To recover a specific sum of money e.g. if you made a contribution towards the deposit on a property
Settling disputes out of court
Before making a TOLATA claim it is important to consider if you can settle your dispute outside of court. This can be a much better option if for example you and your ex-partner have children together, and is generally a much softer way of sorting things out.
Common ways of settling TOLATA claims out of court
Mediation: This is where a third party, the mediator, facilitates discussion between the parties to help reach a mutually agreed resolution.
Negotiation: Where the parties involved may engage in direct negotiation to reach an agreement. This can be done informally or with the help of solicitors.
Collaborative law: In this case, each party has a lawyer and all parties commit to resolving the dispute without going to court.
Claims negotiated out of court can be settled in a matter of weeks or months.
The process of making a TOLATA claim
If you’re unable to settle your dispute outside of court, the process of making a TOLATA claim is:
1. Creating a formal letter before making a claim: This letter will outline your case, ideally supported with evidence such as property documents or financial records.
2. Response from other party: After receiving the letter, the other party has limited time to respond. In their reply letter, they will present their own position and include any evidence they have to support their case
3. Early settlement: Even at this stage, it’s still possible to settle the dispute outside of court. Both parties may negotiate or use alternative dispute resolution (ADR) to avoid a full legal battle.
4. Court: If an out of court settlement cannot be reached, you can then go ahead and file a formal claim to court, asking a judge to make a decision on the matter.
The length of this process will depend on various factors such as the complexity of the case and the willingness of both parties to negotiate. Our solicitors at Goughs provide valuable support and advice in the negotiation process, as well as the court process, whether you are making or defending a TOLATA claim.
When can a TOLATA claim be made and who can make it?
A TOLATA claim can be made at any point, but it is important to comply with the Pre-Action Protocol set by the Civil procedure Rules before making such a claim. Either legal owner of the property can bring a TOLATA application to court, or the non legal owner can make an application under TOLATA if they are advised to do so on the basis that they have a constructive trust claim and where they believe it would be unconscionable to deny them a beneficial interest in the property.
TOLATA FAQ’s
Section 19 of the Trusts of Land and Appointment of Trustees Act 1996 gives beneficiaries of a trust the power to direct the appointment of or remove trustees under certain circumstances.
The length of a TOLATA claim depends on various factors but normally it takes around a minimum of 12 to 18 months if the claim proceeds through court.
Under TOLATA, beneficiaries of a trust have several important rights. These include the right to occupy the property if they have a beneficial interest, the right to receive important information about the trust and its administration, and the right to request a sale of property through court if disputes arise.
To win a TOLATA claim, gather supporting evidence, attempt to negotiate a settlement before going to court and engage a solicitor experienced in TOLATA law to help you navigate the legal complexities and present a compelling case.
A Part 7 claim in TOLATA refers to a formal legal process used when there is a dispute over land or property, typically involving complex issues or financial claims. Under the Civil Procedure Rules, a Part 7 claim is initiated when the case requires a full trial to resolve factual disputes, such as determining beneficial ownership of property.
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