Home Ownership Disputes (TOLATA Claims)

Our expert property litigation solicitors are uniquely placed to resolve property ownership and cohabitation disputes under The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).

TOLATA claims are disputes about ownership, sale, or financial contributions relating to property held outside marriage. They commonly arise between former cohabiting partners, family members, or friends who own property together. Our specialist home ownership disputes team advises on beneficial interest claims, orders for sale, equitable accounting, and negotiated settlements.

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.

Whom do we act for?

TOLATA applies to anyone with shared property interests outside of marriage. As such, our clients are:

• Unmarried or cohabiting couples (cohabitation disputes).
• 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’).

Many of our TOLATA cases arise from cohabitation disputes following relationship breakdown. Unlike married couples, there is no automatic division of property, and claims depend on trust law principles.

Why choose Birketts for your TOLATA dispute?

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 TOLATA claims 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. Unlike other firms, Birketts has a team of lawyers who specialise exclusively in TOLATA cases, giving our clients the benefit of deep, focused expertise.

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.

Clients say of our service: “Sincere gratitude for your unwavering dedication and expertise in securing a life-changing result. Your efforts have made a profound impact, and I am deeply thankful for your exceptional work.”

Your case will benefit from our full-service offering, with input from our award-winning Family, Residential Real Estate, Private Client Advisory, and Private Wealth Disputes Teams.

Resolution

A TOLATA 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.