How and When to Make a TOLATA Claim

When unmarried couples decide to move in together, many choose to buy a home, or even move into their partner’s home. But what happens if that relationship breaks down and they decide to separate? As matrimonial solicitors, Vines Legal have worked with many couples who have experienced disputes that have come up in relation to the ownership of the property, the division of the equity of the property, or who gets to live in the property after the separation. Of course, it often comes as a shock for unmarried couples who decide to part ways when they realise that they are not protected by the same laws that apply to married couples. If you’re in this situation, it may be necessary to make an application under TOLATA. So, how, and when should you make a TOLATA claim?

What is TOLATA?

The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) is a piece of legislation in the UK that governs the rights of individuals who own property or land together. In essence, it provides a mechanism for resolving disputes about the ownership of land, particularly in the case of unmarried couples who are separating, or for two or more people who own land or property together.

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 include 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.

How do you Make a TOLATA Claim?

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. Legal interest means that you have a right to occupy, own, or receive income from the property. If you are not sure whether you have a legal interest, you should seek legal advice as soon as possible. A solicitor can advise you on your legal position and establish whether you have a valid claim.

This area of law can be complex. The court must consider what was expressly agreed or what the parties' intentions were at the time of purchase.

When Should I Make a TOLATA Claim?

Making a TOLATA claim can be a complex and challenging process, but it is an important mechanism for resolving disputes about the ownership of property or land. If you are considering making a TOLATA claim, it is important to seek legal advice as early as possible in the process to understand your legal position and to ensure that your interests are protected.

For more information and help on how and when to make a TOLATA claim, why not book in for a free consultation to discuss the options available to you? Please remember that obtaining accurate legal information from the outset can be vital in the resolution of your matter and can also make the process less stressful. Call Vines Legal today on 01246 555610 to arrange a free, no obligation consultation with one of our experienced solicitors.