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Looking for specialist TOLATA claims solicitors in Newcastle and Sunderland? Trust our experienced lawyers to help with property claims.
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What is TOLATA?
TOLATA is the abbreviation for the Trusts of Land and Appointment of Trustees Act 1996.
Unmarried separating Couples do not have the same rights as their married counterparts when it comes to dealing with property following a split. TOLATA allows the Court to resolve any disputes between separating couples over jointly owned property, based on several factors.
A Trust of Land is land that is held by a legal owner, or owners, on trust for one or more beneficial owners. A trust can be an express, implied, resulting or constructive trust in relation to property or land.
The legal owner of a property is the person who owns the legal title of the land which is usually recorded at the Land Registry if the land has been registered or on the deeds in unregistered land. The beneficial owner is the person who is entitled to the benefits of the property. The two can differ.
Receiving legal advice from a team of pragmatic and approachable family law solicitors experienced in taking TOLATA claims to Court will give you peace of mind that your case is in safe hands.
TOLATA FAQs
We are often instructed by separating couples who are not married but who own a property together and there is a dispute about who owns the property, or what percentage of the property they own. Other common situations we deal with involve family members or business partners who own the property together.
There are often disputes between both sides about the beneficial ownership of the land – an important factor to be determined if the property is to be sold or transferred following a split.
If no agreement can be reached on how to divide the property, it is important to get expert legal advice as this is a complex area of law that may need an application to the Court for an order that the property is sold.
TOLATA is the legislation your solicitor would refer to when making an application to the Court to order a sale of the property, order who has a beneficial interest (share) in the property and also to confirm the extent of their ownership.
A range of different orders can be made by the Court under the Act, including to decide if:
- Either side has a beneficial interest in the property and if so, the extent of that interest.
- The co-owned property should be sold.
- Either side should be removed from the property’s title or any mortgage.
- A fixed amount should be paid to either side, for example to reflect the payment of a deposit on the property.
- There should be a ‘habitation order’ allowing someone to continue living at the property.
When deciding whether to order a sale of the property, the Court looks at the following:
- the intentions of both sides;
the purpose of a trust in the title documents;
the welfare of any child who occupies or might reasonably be expected to occupy any land subject to the trust as their home; and
the interests of any secured creditor of any beneficiary, such as a mortgage lender.
The usual scenario we see involves unmarried couples that are now separated, but one of them had invested a large amount for the deposit in the family home, and/or paid the mortgage throughout the relationship.
Another situation we often see are couples that decided to buy a house for their family, but only one in the couple was able to secure the mortgage so only that person is named on the title deeds and mortgage, but both parties paid equally towards the deposit and bills.
These cases can lead to a wide range of challenging and complex issues when unmarried couples split.
Our experienced Family Law team, led by Partner Rebecca Cresswell, has extensive experience of dealing with TOLATA negotiations and settling claims in and out of Court. We can explore ways to quickly resolve the issues through Alternative Dispute Resolution, such as mediation.
We will always take the time to get to know you and understand your particular circumstances, ensuring you receive the best advice and secure the best possible outcome.
With offices in Newcastle and Sunderland, our specialist solicitors work with clients across the North East. If any of the scenarios outlined above apply to you, or you have another situation involving a breakdown of a relationship, get in touch to arrange a free no-obligation first discussion.
Please contact us on 0191 5682050 or email your query to our Head of Family Law, Rebecca Cresswell on rebecca.cresswell@sweeneymiller.co.uk or Solicitor Amy Linton on amy.linton@sweeneymiller.co.uk.
