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TOLATA Disputes

Solicitors for TOLATA

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Rose & Rose

TOLATA Dispute Solicitors

Unmarried cohabiting couples who separate do not have the same rights as married or civil partnership couples. Therefore, if a dispute arises over property ownership, the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) controls how these disputes are dealt with.

Under these circumstances, couples must show their entitlement to share in the property or land, and the courts will use TOLATA to decide:

  • Who has the right to occupy the property;
  • The extent of the parties’ ownership.

Typically, the court does not have the discretion to vary co-ownership or adjust the currently owned shares. Courts will assess claims based on a dispute over the facts of the case, known as a Part 7 claim or a dispute over the legal principles involved in a Part 8 claim.

TOLATA Claim Specialists 

At Rose & Rose, our family law and dispute resolution solicitors possess specialised knowledge and experience in making and defending TOLATA claims. We will collaborate with you to resolve your disputes in the most practical and cost-effective manner possible, guiding you through the entire process and helping you avoid unnecessary stress.

Regardless of the complexity of your case, we have the knowledge and expertise to get you the best result through skilled negotiation or robust representation in the courts. 

Our TOLATA solicitors can help you with the following:

  • Review your case and ascertain your ownership status of a property and how this will apply to your rights. 
  • Make a TOLATA Claim
  • Defend a TOLATA Claim 
  • Children Act 1989 – for separating couples who have children, we can advise on making a financial provision for children under a Schedule One of the Children Act Claim.
  • Alternative dispute resolution, including negotiation or mediation – where possible, we will negotiate a settlement during these stages without going to court.
  • Represent you in court – if it is still not possible to settle your claim out of court, then your case can progress to the court for them to decide, where we can provide representation.

 

Seeking early legal advice is your best form of defence. Proving your legal rights regarding a financial interest in a property, especially if you are not a named owner, can involve complex legal arguments. Therefore, it is vital that you have specialist legal advice to ensure the best outcome.  

Find out more about TOLATA disputes by clicking the link below:

Property Disputes for Unmarried Couples – What is TOLATA?

 

Legal Protection for Cohabiting Couples 

Cohabiting partners are the fastest growing type of family, with over 3.6 million partners cohabiting in the UK. However, until existing reviews on divorce and weddings law have concluded, cohabiting partners do not have equal rights to those who are married, even after a certain amount of time living together. In the event of a dispute or separation, cohabiting partners will need to rely on complicated property law and outdated legislation regarding child support and, therefore, face the following risks:

  • If your name is not on a rental agreement or property deed, you are not automatically entitled to stay in your home. You may be asked to leave your home and left with nothing even if you have put money into it by, for example, helping with a mortgage or deposit, paying bills, etc.
  • If you had children together, one of you would be obligated to support the children. However, this obligation doesn’t extend to supporting the other partner. As a result, the financially weaker partner might end up without any rights to support that they may have previously relied upon.

Our private client and family law teams can provide specialist advice and guidance on the various legal precautions you can take to protect yourself, including:

 

Read more about the rights of cohabiting couples by clicking the link below:

Cohabiting Couples Rights

TOLATA and Cohabitation Solicitors

If you would like more detailed information on making or defending a TOLATA claim, or about your rights as a cohabiting couple and/or need legal advice concerning your best options if something unforeseen happens, please do not hesitate to contact a member of our team below. You can also email info@roselegal.co.uk to arrange an initial consultation to discuss the best way forward for you, and we will provide you with further and specific advice tailored to your circumstances.

Our experienced and understanding team are here to help you. We will work with you to ensure the best possible outcome.

Meet the team

Meet the team working for you. Click the photo to view that team members profile or use the button to send them an email.

 

Zubair Dharamsi

Aneta Kapron

Portrait image of Marie Cecilia Ferreira, Solicitor at Rose & Rose

Marie-Cecilia Ferreira

Clothilde Uy

Clothilde Uy

Get In Touch

40 High Street, Kingston Upon Thames, KT1 1HL
0208 974 7490
info@roselegal.co.uk