TOLATA

Disputes about property ownership can be difficult to resolve, particularly after the breakdown of a relationship or when people who own a property together no longer agree about what should happen next. Our family solicitors advise on TOLATA claims where questions arise about ownership, financial contributions or whether a property should be sold.

We help clients understand their rights where there is a dispute over a jointly owned property, including claims involving beneficial interests, declarations of trust and applications for an order for sale.

We provide clear, practical advice focused on finding the right solution for your circumstances, whether that means reaching an agreement without going to court or representing you through legal proceedings where required.

If you need advice about a TOLATA claim, our team is here to guide you through your options.

What is a TOLATA claim?

TOLATA stands for the Trusts of Land and Appointment of Trustees Act 1996.

In simple terms, it is the law that allows the court to resolve disputes about property ownership. It can be used to decide who has an interest in a property, the extent of that interest, and whether the property should be sold.

TOLATA claims often arise between:

• Former partners who own a property together.
• Family members who have contributed towards a property.
• Friends or business partners who jointly own property.

Can I claim a share of a property if my name is not on the title deeds?

Not necessarily. The person named on the title deeds is not always the only person who may have an interest in a property.

You may still be able to claim a beneficial interest if, for example, you contributed towards:

• The purchase price of the property.
• Mortgage payments.
• Significant improvements or renovations.
• Other expenses connected with the property.

The court will look at the circumstances of each case, including what the parties intended, the evidence available and the contributions each person made.

What can the court decide in a TOLATA claim?

A TOLATA claim can ask the court to decide a number of issues, including:

• Who has an interest in the property.
• The share or interest each person is entitled to.
• Whether the property should be sold.
• How the proceeds of sale should be divided.

The outcome will depend on the evidence available, the intentions of the parties and the individual circumstances of the case.

Resolving TOLATA disputes

Do TOLATA claims always go to court?

No. Many disputes can be resolved through discussion, negotiation or mediation without the need for a court hearing.

Resolving matters early can often save time, costs and unnecessary stress. However, where an agreement cannot be reached, we can advise and represent you through court proceedings.

Types of TOLATA matters we help with

We advise on a range of TOLATA-related issues, including:

• Property disputes following separation.
• Claims for a beneficial interest in a property.
• Disputes between joint owners.
• Applications for an order for sale.
• Disputes about how property sale proceeds should be divided.
• Advice relating to declarations of trust.

Our aim is to help you find a practical solution that protects your position and reflects your circumstances.

Why choose our TOLATA solicitors in London?

Many TOLATA disputes arise following the breakdown of a relationship. As specialist family solicitors, we understand the personal and financial issues that can arise when property ownership becomes disputed.

We provide:

• Clear advice in plain English.
• A practical approach focused on resolving disputes.
• Advice tailored to your individual circumstances.
• Support through negotiation, mediation or court proceedings where needed.

We understand that disputes over property can be stressful. Our focus is on helping you understand your options and achieve a fair and workable outcome.

Speak to us in confidence

If you need advice about a TOLATA claim in London, contact our team to discuss your situation in confidence. We can help you understand your legal position, explore your options and guide you through the next steps.

Important

This page contains general legal information only and does not constitute legal advice. You should seek tailored advice from a qualified solicitor regarding your specific circumstances.