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TOLATA Claims for Unmarried Couples

A TOLATA claim is a type of legal action, under the Trusts of Land and Appointment of Trustees Act 1966. The act provides a basis for handling property disputes, where individuals own a property together.

At Crisp and Co, we can support clients with TOLATA claims for unmarried couples. These claims may arise when a cohabitating couple are separating, and are consequently facing disputes with regard to property ownership, entitlement and division. Such disputes can arise where both parties are joint owners, or where the property is owned by one party only.

If you are facing a legal disagreement with your unmarried partner, in relation to a property that you have lived in together, we can help you to pursue a TOLATA claim or defend yourself against a claim if necessary.

At Crisp & Co, we can support clients with TOLATA cases related to various issues, including disagreements about the sale of a property, claims on the financial contributions that each party has made to the property, or claims involving occupation rights.

  • TOLATA claim legal advice
  • Making a TOLATA claim
  • Defending a TOLATA claim

Get in touch with our specialist family law solicitors at Crisp & Co today

If you would like to gain support with TOLATA Claims for unmarried couples, please get in touch with our expert family lawyers at Crisp & Co.

You can give us a call on 0330 013 0381 or request a free call back by filling out the enquiry form on the right hand side of our home page.

How we can help with TOLATA Claims for unmarried couples

TOLATA Claims legal advice

If you are considering making a TOLATA claim, our expert solicitors can provide tailored legal advice based on your situation.

We can assess your grounds for a claim, provide information on the claims process, and answer any questions you may have. Our team can provide various types of legal advice, depending on your circumstances, including:

  • Advice on claims relating to ownership or joint ownership disputes
  • Advice on claims relating to beneficial interest
  • Advice on claims relating to occupation rights
  • Advice on how the TOLATA application and claims process works

Our team realise that the idea of pursuing a legal claim can be daunting, particularly whilst separating from your cohabitating partner. Be assured we will treat your case with care and sensitivity and keep the process as straightforward as we can.

Making a TOLATA Claim

Where you have appropriate grounds for a TOLATA claim, our team can guide you through the claims process. The process will vary according to the circumstances and claim; however, the typical steps include:

  • Your solicitor will support you to complete a TOLATA claim form and gather the relevant evidence to build your claim
  • Your solicitor will draft a Pre-Action Letter that covers the details of the claim and send this to the other party
  • Where possible, your solicitor will help you resolve the claim through mediation or another suitable alternative dispute resolution method
  • If necessary, Court proceedings will be used to solve the claim (where out of Court methods have been unsuccessful)

Defending a TOLATA Claim

If your ex-partner has chosen to pursue a TOLATA claim, and you do not agree with the basis of their claim, we can support you in defending your side.

Where possible, we will attempt to solve the issue out of Court through negotiation or mediation. If you and your ex-partner are unable to reach an agreement, we can help you defend yourself against the claim in Court.

Our expert team are also able to help clients take preventative measures to avoid cohabitation disputes, such as drafting a cohabitation agreement. If you would like more information, please get in touch.

Why choose Crisp & Co?

TOLATA Claims for unmarried couples is a complex area of family law, and therefore, it is vital that clients work with an expert solicitor.

With specialist experience in all types of family law, including niche areas, we are in an ideal position to support you.

When providing legal support for clients, we aim to offer an accessible service, ensuring that your experience is straightforward and never confusing. We will ensure that you have a clear understanding of TOLATA proceedings and everything that’s expected of you.

We will handle your case with empathy whilst focusing on the unique aspects of your situation, ensuring that you receive a personalised service.

At Crisp & Co, we help our clients learn about their legal options, protect their interests, and achieve a best case scenario outcome as quickly as possible.

 

Frequently asked questions about TOLATA Claims for unmarried couples

What is a TOLATA claim?

A TOLATA claim refers to a type of legal action according to the Trusts of Land and Appointment of Trustees Act 1966.

The act offers a foundation for dealing with property disputes, where individuals own a property together, whether as partners, family members or close friends. If you are facing a dispute in this context, TOLATA may be appropriate to help you resolve your issues.

TOLATA can relate to various matters, including claims on the right to sell the property, how the funds from any sale should be divided, or a claim on the financial contributions that each party has made.

Who can make a TOLATA Claim?

Any person who co-owns a property with a partner, family member or friend may have cause to make a TOLATA claim, for example, when facing a dispute. Having said this, TOLATA claims are most often made by cohabiting couples who are separating.

How long does a TOLATA case take?

It can be challenging to determine exactly how long a TOLATA case takes to resolve. The average time is approximately 6-12 months.

How long a claim will take to settle is dependent on various factors, such as case complexity and which legal methods are used to settle the claim.

When you choose to work with our team, we will always work on settling your case as fast as possible, navigating any issues or setbacks as quickly as we can.

What can a TOLATA claim achieve?

A TOLATA claim can achieve several things, depending on the nature of the claim. Examples include:

  • If there is a dispute over property ownership and who owns what share, a TOLATA claim can settle this
  • Where the parties cannot decide on whether or not a property should be sold, raising a TOLATA case can help the disputing parties to reach a conclusion, or have the Court decide if necessary
  • If there is a dispute regarding who has the right to live in the property and who does not, a TOLATA claim can help settle this matter

When you work with our solicitors at Crisp & Co, we will identify what your goals and expectations are at the beginning and establish how we can help you achieve these as quickly as possible.

If you would like to learn more about how we can support you with the claims process, please get in touch.

What is the time limit on TOLATA claims?

The time limit on TOLATA depends on the type of claim and the surrounding circumstances. For instance, if a claim is based on beneficial ownership, this type of claim has a 6-year time limit. However, if the claim is based on an Order of sale, then no time limit will be imposed.

When you work with us at Crisp & Co, we will assess your claim type and provide information about what, if any, time limits apply to your claim. To learn more, please get in touch.

What evidence is required to make a successful TOLATA claim?

The evidence that is required to make a successful TOLATA claim depends on the circumstances surrounding the claim. For example, if the TOLATA Claim is intended to obtain an Order of sale, you will need to show evidence that proves your interest in the property, as well as a justification on why the property needs to be sold.

You will likely need evidence such as:

  • Land Registry and or Title Deeds that prove ownership, or financial/other documents that prove that you have a beneficial interest in the property
  • Documents which prove how you have financially contributed to the property, such as bank statements or mortgage deeds
  • Evidence that you have attempted to reach an agreement with the other party about the sale and have failed, for example, correspondence or the outcome of mediation
  • Proof that the property needs to be sold, whether due to financial hardship or being unable to continue living in the property

Can TOLATA claims be settled out of court?

Yes, TOLATA claims can be settled out of Court using mediation sessions or negotiation. If you would like support to resolve your case out of Court, please get in touch with our experts at Crisp & Co.

What types of property disputes does TOLATA cover?

TOLATA covers a wide range of property disputes, including:

  • Property disputes concerning beneficial ownership
  • Property disputes where one party would like to sell the property, and the other party does not agree
  • Property disputes where it is unclear who has the right to remain in a property when an unmarried couple split up
  • Property disputes between co-owners who are not married couples, such as family members or friends who own a property together
  • Property disputes where a property is held in a trust

Get in touch with our specialist family law solicitors at Crisp & Co today

If you would like to gain support with TOLATA Claims for unmarried couples, please get in touch with our expert family lawyers at Crisp & Co.

You can give us a call on 0330 013 0381 or request a free call back by filling out the enquiry form on the right hand side of our home page.