When relationships between couples, family members and friends break down, the last thing you want to worry about is what will happen to your home. There is legislation and case authority which protects people who own a house together but are not married.
Obtaining the right legal advice early in a dispute is essential for protecting your financial interests. When emotions are running high, we’ll be straight-talking, approachable, knowledgeable and level-headed when you need to resolve a matter.
For advice from our expert private litigation team on your situation, call Matthew Whipp on 020 3814 2020, send an email to litigation@blasermills.co.uk. Alternatively, fill in our contact form.
Unpicking the complexities of the law
Family law is traditionally used to decide how families divide assets. However, for families, friends and couples that are unmarried but own or live in properties together, you will need to speak to one of our dispute resolution solicitors if there is a disagreement about ownership of a property or properties. Our team has a deep understanding of the Trusts of Lands and Appointment of Trustees Act 1996 (“TOLATA”). We have helped many clients like you reach a positive outcome, whether you’re the legal owner or a non-owner.
When your home and finances are at risk, we believe it is essential that you fully understand the potential risks, rewards and costs of any chosen course of action. This is why our solicitors will make it clear exactly where you stand in terms of the law, and then take you through your options for resolution. Going through a TOLATA claim is a complex process and we’ll use our years of experience to advise you at every step of the way.
What is a TOLATA claim?
The Trust of Lands and Appointment of Trustees Act 1996 (TOLATA) is in place to protect cohabitees and settle property ownership disputes should a relationship or informal agreement break down. When a TOLATA claim is navigated effectively with the right legal advice, it can enable parties to reach settlement and protects an individual’s beneficial interest in a property, whether or not they are on the title deeds.
There are many reasons why you might want to start a TOLATA claim, for example, you may want to force the sale to recover your financial interest, or you might want to move back into your home when an ex-partner or friend refuses to leave.
Parents and grandparents who are creditors for the property might also want to recover their financial interest in the property.
The TOLATA process
A TOLATA claim usually starts with exploring alternative dispute resolution (ADR) routes, which is a way of coming to an agreement outside the courts, often through mediation. If you can come to an agreement in this way, it is more likely that one of you will be able to keep the property, as court outcomes tend to state that the property will be sold, and the lump sum is divided in a certain way. For this reason, ADR is more cost-effective and generally more practical. Our dispute resolution team has helped many clients settle matters this way, quickly.
If you can’t reach a resolution, however, you will need to follow court proceedings. The process involves clearly outlined steps to follow, and we will take you through each one to make sure every box is ticked, and you are in a strong position for success.
Contact us
For advice from our expert private litigation team on your situation, call Matthew Whipp on 020 3814 2020, send an email to litigation@blasermills.co.uk. Alternatively, fill in our contact form.