Home Ownership Disputes

Our expert team are uniquely placed to resolve all kinds of property ownership disputes under TOLATA.

If you have a dispute concerning a shared property, the court has the power to deal with it under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).

Our specialist team of TOLATA lawyers are experts at resolving all kinds of property ownership and cohabitee disputes, and pride ourselves on providing a next level service for our clients.

Our experience and service

Home ownership disputes are often stressful and upsetting, even more so if family relationships are involved and emotions run high.

No two clients or matters are alike; however, we draw on our extensive skills and knowledge to provide tailored and practical advice and solutions.

Your case will benefit from our full-service offering, with input from our award winning:

• Property Litigation Team – who specialise in resolving property and trust disputes, under TOLATA, whether by litigating through the courts or by alternative dispute resolution, such as mediation.
• Real Estate Team – who can act for you on the sale or transfer of the property and deal with the Land Registry formalities.
• Family Team – who can advise on arrangements over children and any occupation or non-molestation orders that may be required.
• Private Client Advisory Team – who can advise on any tax consequences associated with the sale or buy-out of the property.

Where a marriage breaks down, the courts have considerable scope to determine how the family home and other matrimonial assets are dealt with. But when unmarried couples split up, even where there are children of the relationship, the courts have considerably less discretion.  Here the courts must apply strict legal principles derived from property and trust law, rather than family law. There is no ‘common law marriage’ that treats the parties as if married.

The effect of this is that all property ownership disputes between anyone other than married couples, are governed by the civil courts under TOLATA. 

As such, we act for:

• Unmarried couples / cohabitees.
• Siblings or other family members with joint property interests.
• Friends who have purchased property together.
• Parents and their adult children living together as a multi-generational family (such as in ‘granny annexes’).

Property and trust law principles are complex, requiring an in-depth understanding of previous case law.  We have a wealth of experience advising on TOLATA claims that arise in this field, including disputes over:

• When, how and to whom a property should be sold.
• What the shares in the property / sale proceeds should be.
• The extent to which any compensation (‘equitable account’) should be paid in respect of works undertaken to the property, mortgage payments, and occupation of the property.

Such questions are ultimately decided by a court application under TOLATA in the civil courts to judges with property law experience.  TOLATA claims are therefore handled by our experienced property litigators who specialise in this complex area. Unlike other law firms, who rely upon family lawyers more familiar with family law procedure and principles, your case will benefit from our civil litigation and property expertise to help you achieve the best possible outcome.

If you think you may need our help, don’t delay. Having the right solicitor on your side can have a significant impact on the result of your case.

Cohabitation agreements

We can also help before things get contentious.

A cohabitation agreement is a legally binding contract for couples, friends or family members living together or planning to live together.

The goal of a cohabitation agreement is to provide certainty for both parties and avoid a costly TOLATA claim down the line.

We specialise in drafting bespoke agreements which set out your respective financial responsibilities associated with your shared living arrangements, how the property should be dealt with if the parties decide to go their separate ways and what your shares in the sale proceeds will be.

Taking this practical and pragmatic step now can give financial certainty and minimise the chances of a serious TOLATA dispute arising in the future.

To ensure there are no conflicts of interest, we can only act for one of you in preparing the agreement.  The other party (or parties) will be advised to take separate legal advice (though they will not be obliged to have legal representation).

We offer a fixed fee for our cohabitation agreements to give you peace of mind and certainty.

Resolution

A TOLATA dispute doesn’t necessarily result in court. We have experience of a wide range of alternative dispute resolution, including negotiation and mediation. Where a dispute cannot be resolved though such means, we can take your matter right through the court system; whether that be in the County Court, High Court or beyond to the appeal courts. We also work closely with a number of barristers chambers so can provide you with recommendations on first class counsel with real expertise in this specialist practice area.

Quality standard

Our lawyers are members of:

• Resolution: A community of family justice professionals who work with families and individuals to resolve issues in a constructive way.
• Property Litigation Association: A members’ organisation for legal professionals specialising in the resolution of all contentious property matters.

Fees

We understand that fees are often a concern. We can discuss a variety of funding options with you and will endeavour to provide accurate advice on costs as early as possible. We will keep you updated with regards to the fees that are being incurred, and your options to seek to reduce costs where possible.

Information

We regularly produce articles covering current topics, news and general awareness of the issues within our field of expertise. You can view our latest insights below.

You can also view our YouTube video on our TOLATA services here.

Get in touch

Please contact us to make a confidential enquiry and arrange a no-obligation call.

If it is difficult for you to use the telephone (for example, because you are in close proximity to your partner) you can send us an email.