Home Ownership Disputes

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

If you or your ex-partner own property together, you might be able to make a claim to it under The Trusts of Land and Appointment of Trustees Act 1996 (‘TOLATA’).

TOLATA governs disputes over matters such as:

• 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 to the property, mortgage payments, and occupation of the property.

These cases turn on complex property and trust law principles, requiring an in-depth understanding of the relevant case law.  Our specialist team of lawyers are experts at resolving these disputes and pride ourselves on providing a next level service tailored to the specific needs of each individual client.

Who do we act for?

TOLATA applies to anyone with shared property interests outside of marriage. 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’).

Why choose us?

TOLATA disputes at Birketts are handled by our specialist Home Ownership Disputes lawyers in the Property Disputes team.

Unlike other law firms, who rely on 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 outcome. The distinction is important, as TOLATA cases are ultimately decided by an application in the civil courts and turn on property and trust law: family law does not apply, and these cases are not heard in the family courts.

The law in this area is technical, so 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.

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 dispute arising in the future.

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

Our experience and service

Home ownership disputes can be 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 Family, Private Client Advisory, and Private Wealth Disputes Teams.

Resolution

A dispute doesn’t necessarily result in court.

We help clients to resolve disputes via alternative means, 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 work closely with specialist barristers’ chambers and can provide you with recommendations on first-class counsel with real expertise in this area.