Many cohabiting couples decide to purchase a home together to live in and, in the unfortunate event that the relationship breaks down, there may be a dispute between the parties in relation to occupation or ownership of the property.
The Trusts of Land and Appointment of Trustees Act 1996, commonly referred to as TOLATA, provides protection in this situation. The court has the power to determine the size of the joint owners’ respective shares in the property, and whether the property should be sold.
It is possible to bring a TOLATA claim even if you are not registered as the legal owner of the property if you consider you have acquired a beneficial share.
The court will take into account all the circumstances of the case, including:
- The intension of the parties when the property was purchased
- The purpose of the property when it was purchased
- The welfare of any children living in the property
- Any mortgage or other claim on the property
We can represent you in negotiating with your ex-partner and/or commencing or defending court proceedings if necessary.
In the event your dispute progresses to court, we can represent you by preparing all court documentation and arranging for an experienced advocate, whether it be a solicitor or barrister, to attend all hearings with you and put representations to the judge on your behalf.
Contact us today for a no obligation discussion.