When an unmarried couple separates, property disputes can arise, particularly if one partner believes they are entitled to a share of a home that may only be in the other partner’s name.
Unlike married couples, who have legal rights under family law, unmarried partners do not automatically have the same protections. This is where the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) can help. TOLATA provides a legal route for individuals to resolve property disputes when their ownership rights are unclear or contested.
In this article, we’ll explore how TOLATA works and how it can be used to resolve property disputes between ex-partners.
What is TOLATA?
TOLATA is a piece of legislation that gives the courts the power to determine the ownership of property or land when there is a dispute between two or more parties. It is particularly relevant to unmarried couples who either own property together or have lived in a property owned by one partner but contributed to its upkeep or mortgage.
Through TOLATA, individuals can ask the court to decide what share of the property they own, force the sale of the property or gain the right to remain in the property. The court will examine both the legal ownership (who is on the property’s title deeds) and the beneficial ownership (who has contributed financially or otherwise to the property’s value) to make a decision.
Common property disputes under TOLATA
TOLATA is often used in several types of property disputes between ex-partners, the most common being ownership disputes. For example, one partner may have lived in a property owned solely by the other partner but made significant contributions to the mortgage, renovations or household bills. In such cases, the contributing partner may claim a beneficial interest in the property, even if they are not listed on the title deeds.
Another common use of TOLATA is when one party wishes to force the sale of the property, but the other party does not agree. In this scenario, the court can order the sale of the property and divide the proceeds according to each party’s interest.
TOLATA can also be used to resolve disputes about occupation rights, such as when one partner has been excluded from the property or wants the right to stay in the home after the relationship ends. The court may decide who has the right to live in the property or whether one party should be compensated for being forced to leave.
How to make a TOLATA claim
If an ex-partner believes they have a right to a share of a property or need to resolve a dispute regarding ownership, they can make a TOLATA claim. This process begins by gathering evidence that demonstrates their financial contributions to the property. This could include mortgage payments, bills or renovation costs, as well as any discussions or agreements made between the parties regarding ownership.
Before proceeding to court, it’s necessary to follow the Pre-Action Protocol set out in the Civil Procedure Rules. This involves exchanging evidence with the other party and attempting to negotiate a settlement. Parties are encouraged to engage in Alternative Dispute Resolution (ADR), such as mediation, to avoid the stress and expense of court proceedings. If these negotiations fail, the next step is to apply to the court for a formal resolution.
Once a TOLATA claim is submitted, the court will assess the evidence and make a ruling on the ownership of the property. The court has the authority to declare who holds what share of the property and, if necessary, order its sale to divide the proceeds fairly. The process can take several months or longer, depending on the complexity of the case and the willingness of both parties to negotiate.
Factors the court considers in TOLATA cases
When deciding on a TOLATA claim, the court will evaluate both the legal and beneficial ownership of the property. Legal ownership refers to whose name is on the property’s title deeds, while beneficial ownership reflects who has contributed financially or otherwise to the property’s value.
The court will consider various factors, including:
- Financial Contributions: Direct payments towards the mortgage, maintenance or improvements made to the property.
- Common Intention: Whether there was an understanding, either expressed or implied, that the property would be shared.
- Equitable Accounting: The court may compensate one party if they have made disproportionate financial contributions or have been excluded from the property.
Legal advice from experienced property dispute solicitors
Property disputes with an ex-partner can be complex, especially when navigating TOLATA claims. From determining property ownership to negotiating settlements, our experienced TOLATA solicitors are here to provide expert guidance and support throughout the process.
It’s important to note that this blog post is for informational purposes only. If you’d like to discuss your circumstances further, Osbourne Pinner Solicitors offer a free 30-minute consultation, with no obligation to proceed. Simply fill in our online form our online form, call 0203 983 5080 or use email at [email protected].
