Trusts of Land and Cohabitee Disputes
Specialist solicitors for TOLATA claims, providing expert guidance on property ownership and beneficial interest disputes.
Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) Disputes Explained
Trusts of Land disputes arise where there is a dispute relating to the ownership or interests in property, or the sale of the property. These disputes are governed by the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).
The most common types of TOLATA disputes are where cohabiting couples separate and there is a dispute regarding the interest each party has (or should have) in the property and relating to the sale of the property, i.e. whether the property should be sold or not.
TOLATA claims can be a way of pursuing an order for sale of property, where a joint owner is not in agreement with the sale we can advise on the potential claim to force the sale without the joint owner’s consent or agreement.
Our experienced solicitors handle TOLATA disputes, providing practical solutions tailored to your situation. Whether you are pursuing a claim to force the sale of property because a joint owner is refusing to sell, or you are pursuing a beneficial interest in a property, we will work to protect your interests and seek to secure the best outcome in your circumstances.
What Is a TOLATA Claim?
A TOLATA claim is a legal action used to resolve disputes about property ownership and rights. It typically applies when:
A property is jointly owned but one party refuses to sell
There is disagreement about how much each person owns
One party claims a financial interest despite not being on the title
The court can decide:
Whether a property should be sold
How sale proceeds are divided
Each party’s beneficial interest
What Is a TOLATA Claim?
A TOLATA claim is a legal action used to resolve disputes about property ownership and rights. It typically applies when:
A property is jointly owned but one party refuses to sell
There is disagreement about how much each person owns
One party claims a financial interest despite not being on the title
The court can decide:
Whether a property should be sold
How sale proceeds are divided
Each party’s beneficial interest
Who can make a TOLATA claim?
If you have a dispute relating to the interest in property or the sale of a property, whether that be as a Claimant or Defendant, we can assist you. We frequently act for the following:
Joint owners of a property in a cohabiting couple situation.
Joint owners of investment property, such as buy-to-let properties.
Joint owners as Trustees where the property falls within the Trust.
Sole ownership cases where a claim is being pursued for a beneficial interest.
We do not assist in the context of married couples as this is something which is dealt with by the specialist divorce team within our Family Law department.
Who can make a TOLATA claim?
If you have a dispute relating to the interest in property or the sale of a property, whether that be as a Claimant or Defendant, we can assist you. We frequently act for the following:
Joint owners of a property in a cohabiting couple situation.
Joint owners of investment property, such as buy-to-let properties.
Joint owners as Trustees where the property falls within the Trust.
Sole ownership cases where a claim is being pursued for a beneficial interest.
We do not assist in the context of married couples as this is something which is dealt with by the specialist divorce team within our Family Law department.
How to resolve a TOLATA dispute?
Our usual approach would be to review the relevant documentation and take full instructions from you on the background to the dispute. We can then provide advice on the merits of the claim and the proposed steps to seek to resolve the dispute.
Disputes can be resolved by agreement between the parties, in some cases with the use of mediation. However, if a dispute cannot be resolved reasonably then we can act in pursuing an application to court seeking an order in line with your position.
We would advise you along the way and fight to achieve the best outcome possible for your circumstances.
How to resolve a TOLATA dispute?
Our usual approach would be to review the relevant documentation and take full instructions from you on the background to the dispute. We can then provide advice on the merits of the claim and the proposed steps to seek to resolve the dispute.
Disputes can be resolved by agreement between the parties, in some cases with the use of mediation. However, if a dispute cannot be resolved reasonably then we can act in pursuing an application to court seeking an order in line with your position.
We would advise you along the way and fight to achieve the best outcome possible for your circumstances.
TOLATA Client Case Studies
| Order for Sale Following Relationship Breakdown | We acted for a client in a TOLATA dispute concerning a jointly owned home after the end of a relationship. The other party had stopped contributing to the mortgage. They also remained in sole occupation of the property. We issued proceedings seeking an order for sale and an equitable account. The matter concluded successfully in our client’s favour. The Court ordered either a buyout of our client’s interest or the sale of the property. It also made provision for occupation rent, repayment of unpaid mortgage contributions and recovery of our client’s legal costs from the other party’s share of the proceeds. Our client was able to protect their financial position and move on with confidence. |
| Securing a Larger Share After Refusal to Sell | We acted for a client whose former partner refused to sell a jointly owned property after their relationship ended. Our client had made greater financial contributions towards the property. Despite this, the other party would not agree to a sale or fair division of the proceeds. We gathered clear evidence of our client’s contributions and set out a strong legal case. We also negotiated firmly throughout the matter. This resulted in a successful outcome for our client. The Court ordered the sale of the property and awarded our client a significantly larger share of the proceeds. Our client achieved a fair resolution and the ability to move forward with confidence. |
| Securing a Fair Share Across Multiple Properties | We acted for a client in a dispute with a former partner involving four jointly owned properties. Two properties had already been sold. Our client had not received her share of the proceeds. There was also disagreement over ownership of the two remaining properties and whether they should be sold. The case was made harder by the other party’s failure to engage with the legal process. They also refused to cooperate with the sale of the properties. We took decisive action through court proceedings, including summary judgment, enforcement applications and trial. The Court confirmed our client’s 50% beneficial interest in all four properties. It ordered payment of her share of the proceeds already received. It also ordered the sale of the remaining properties, with proceeds divided equally. The Court further allowed recovery of sums owed and legal costs from the other party’s share. Our client achieved clarity, closure and a fair financial outcome. |
Why Choose Forbes Solicitors for your TOLATA claim?
Specialist Expertise - Our solicitors have real experience in managing TOLATA disputes. We understand the sensitive nature of these types of claims can be difficult and so we provide clear, compassionate guidance every step of the way.
Tailored Legal Advice - Every case is unique, and we provide advice and strategies specifically suited to your individual circumstances.
Compassionate Support - We understand that these matters are emotionally challenging, and we provide a sensitive, client-focused approach.
Proven Track Record - We have successfully helped numerous clients get the advice and support they need in TOLATA claims.
Transparent Pricing - We offer clear, upfront pricing with no hidden fees, so you’ll always know what to expect.
Why Choose Forbes Solicitors for your TOLATA claim?
Specialist Expertise - Our solicitors have real experience in managing TOLATA disputes. We understand the sensitive nature of these types of claims can be difficult and so we provide clear, compassionate guidance every step of the way.
Tailored Legal Advice - Every case is unique, and we provide advice and strategies specifically suited to your individual circumstances.
Compassionate Support - We understand that these matters are emotionally challenging, and we provide a sensitive, client-focused approach.
Proven Track Record - We have successfully helped numerous clients get the advice and support they need in TOLATA claims.
Transparent Pricing - We offer clear, upfront pricing with no hidden fees, so you’ll always know what to expect.
Expert TOLATA Case Assessment
We offer an initial case assessment for a fixed fee, which would include:
Taking full instructions from the client on the background and understanding the issues.
Obtaining and reviewing the relevant land registry documents and other supporting evidence.
Advising on the legal position regarding the property ownership, and the merits of a claim under the Trusts of Land and Appointment of Trustees Act 1996.
If appropriate, preparing a detailed letter of claim setting out the client’s claim.
The above enables the client to understand their position and to set out their claim robustly to the other party, with the aim of progressing towards a resolution. Our funding arrangement of offering a fixed fee for the initial scope of work provides cost certainty for the client.
Get Expert TOLATA Advice Today
If you have a property trust dispute please get in touch as soon as possible. We will discuss with you how we can assist and provide price and payment options so you know what can be done.
Get Expert TOLATA Advice Today
If you have a property trust dispute please get in touch as soon as possible. We will discuss with you how we can assist and provide price and payment options so you know what can be done.
Thank you Dawn for all your support and advice during what was a difficult time. Having this legal support was invaluable. All the very best.
Anonymous
Totally professional and clear on advice
Anonymous
Laura was amazing and a pleasure to work with during what was a very difficult time for me. I would have no hesitation in recommending her to anyone.
Bob
