Lucia is a Legal Director in our Property Disputes Team, based in our Bristol office.
Specialising in applications under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), Lucia’s work focuses on resolving trusts of land disputes and cohabitation disputes. This is often seen with separating couples however the disputes can include any parties who are not married but own property together for example, other types of family relationships such as parents owning property with adult children.
Her expertise includes the establishment and quantification of beneficial interests in property under TOLATA, whether these interests arise from express, constructive, or resulting trusts, and whether the property is solely or jointly owned. Lucia also deals with claims under Proprietary Estoppel. Lucia advises parties on their options following a separation which can often lead to a forced sale or a buyout. Lucia has dealt with many cases involving complex equitable accounts to include occupation rent claims.
Lucia also advises on potential applications under and Schedule 1 of Children Act 1989 and third parties involved in divorce proceedings.
Recent work highlights
Acting for a client in setting aside a Separation Deed on the grounds of undue influence several years after the date of separation. The Agreement stated that the client should receive nothing upon transfer. After extensive investigation of the domestic abuse suffered by the client, a successful negotiation reinstated her original 50% interest in the property.
Acting for a third-party in divorce proceedings, securing recognition of substantial financial contributions made by the brother within a family farming business. This was to ultimately protect the family home which was on the site of the extensive family farming business. If the family home was to be sold, this would have causes severe hardship to the farm. Through effective negotiation, the sale was avoided, keeping the business intact and achieving a suitable settlement for all parties.
Representing a party who jointly owned a property with their ex-partner, the ex-partner had disappeared 6 years prior to instruction. The client faced severe financial hardship, unable to manage the mortgage or sell the property. The ex-partner was located in an international detention facility. A successful negotiation resulted in the client receiving the house in full, due to her substantial repayment of the mortgage and improvements to the property.
Representing a client asserting a beneficial interest in their ex-partner’s property, which was registered solely in the ex-partner’s name. The relationship spanned over 30 years, during which the client made substantial financial contributions towards the mortgage and major renovations. Steps were taken to protect the client’s pending interest while negotiations were ongoing. The outcome was successful, securing an equal interest in the property for the client, enabling them to achieve independent living.
Experience & education
LLB Law and French, University of West of England
Legal Practice Course, University of West of England
Areas of Expertise
Accreditations
Resolution
Member
Women’s Lawyer Division Bristol
Member
