Vines Legal's A-Z of All Things Family and Matrimonial; T for TOLATA

Welcome to our Alphabet Information Series.  Today’s topic is T for TOLATA

Not many people have heard of TOLATA or know what it stands for.  TOLATA is the Trusts of Land and Appointment of Trustees Act (1996) but that doesn’t make it too much clearer, so what does TOLATA mean to you?

Many cohabiting couples purchase homes together, or you may move in to your partner’s home. In the event that the relationship breaks down, a dispute may arise in relation to the ownership of the property, the division of the equity therein or who gets to live in the property. It can be hard to accept the breakdown of a relationship, particularly when your financial future is uncertain. It can also be a shock for separating unmarried couples to realise that they are not protected by the same laws that apply to married couples. 

For separating couples in this situation, an application under TOLATA may be required. In the event the property is owned in the sole name of one of the parties, the other must first establish an interest or entitlement in that property before any question as to the distribution of equity arises. This is different from matrimonial cases where the parties begin with a position of basic entitlement.

The TOLATA legislation gives the Court the ability to assist in resolving unmarried couple’s property disputes. Under this law, some of the orders the Court can make are as follow:

• Determining what share of a property each party owns,
• Forcing the sale of land or property, and
• Enabling one party to regain access to a property when the other party refuses to leave.

This law is helpful to unmarried couples who cannot rely on matrimonial law to deal with their property disputes as, for example, it can secure the sale of a jointly owned property where one party refuses to agree. However, this area of law is much stricter, rather than a principle of overall fairness and wide discretion, the Court must consider what was expressly agreed or what the parties' intentions were at time of purchase.

If you are in this situation or if you have any queries regarding the above information or would like any further advice remember obtaining accurate legal information from the outset can be vital in the resolution of your matter and can make the process less stressful. Call 01246 555610 to arrange a free, no obligation consultation with one of our experienced solicitors.