When a cohabiting couple’s relationship breaks down, they must address the fate of any jointly owned property, typically the family home.
However, determining who has an interest in the property, the size of that interest, and how it will be realised, can be a complicated matter.
The initial consideration will naturally involve examining the property deeds. These documents will set out who owns the legal interest in the property, including the respective shares of each owner if there is more than one person involved.
There is another type of property interest apart from the legal one, know as the ‘beneficial interest’ which can complicate matters significantly.
The beneficial interest arises when an individual not listed on the deeds is deemed to have a stake in the property, with the legal owner holding it in trust for them.
This interest may be acquired through various means, such as contributing towards the property’s purchase or improvements.
Consequently, it is possible for a party to assert a stake in the property even without being named on the deeds. However, a common challenge arises due to the lack of documentary evidence to support such claims, making it challenging to convince the court of one’s interest.
In such cases, seeking assistance from expert property dispute solicitors becomes crucial for navigating the complexities of the legal process and advocating for one’s rights effectively.
Navigating the complexities of property disputes as an unmarried couple requires specialised expertise and a deep understanding of the unique legal landscape. At Walker Family Law, we exclusively practice family law, including matters concerning unmarried couples and their property disputes.
We are therefore perfectly positioned to assist you in resolving a property dispute, which will often entail making what is commonly known as a ‘TOLATA’ claim.
The Trusts of Land and Appointment of Trustees Act 1996 (often referred to by its initials: ‘TOLATA’) is a crucial piece of legislation in England and Wales that governs the rights and responsibilities of individuals who have a shared interest in land or property.
TOLATA is particularly relevant in cases where cohabiting couples or family members jointly own a property but face disputes regarding ownership, occupation, or financial interests. We specialise in handling cases related to TOLATA.
TOLATA claims can be used primarily for two purposes.
Firstly, they can ask the court to determine the extent of each party’s interest in the property. These interests can be equal or unequal, depending on the circumstances.
Secondly, they can request the court to order the sale of the property so that a party can realise their interest. An interest that cannot be realised is effectively worthless.
When deciding on a TOLATA claim, the court will consider the intentions of the parties regarding the property, the purpose for which the property is held (e.g., as a family home), the welfare of any minor child occupying the property as their home, and the interests of any mortgagee of the property. These factors could mean, for example, that the court will not order a sale of the property until any minor child occupying it has grown up.
As mentioned, TOLATA claims can be complex, involving intricate legal arguments. Therefore, it is essential for anyone wishing to make a TOLATA claim to seek expert legal advice. Our team of property dispute solicitors can provide the necessary guidance and representation to navigate these challenging cases effectively.
Resolving property disputes often involves negotiation and mediation. Our expert family lawyers are skilled in alternative dispute resolution, helping you achieve the right outcome for your situation. We will listen to your needs and concerns and handle all the legal aspects of your case, including the preparation of legal documentation such as cohabitation agreements, property agreements, or other contracts that can clarify ownership, rights, and responsibilities. These documents can provide a solid foundation and prevent potential disputes in the future.
If it is not possible to resolve matters through negotiation or mediation, our property dispute solicitors can guide you through the process of making a TOLATA claim.
If you are facing a TOLATA dispute or have questions about your rights and responsibilities, we can provide you with the expert legal advice and support you need.
Contact our expert property dispute solicitors today to schedule a consultation.
Separating as an unmarried couple presents its own set of intricate and individual challenges. Our team are here to help you whatever your situation.
