Cohabitation Disputes

Cohabitation Disputes: Making a TOLATA Claim

A TOLATA claim (Trusts of Land and Appointment of Trustees Act 1996) or Cohabitation Disputes, is where individuals dispute an aspect of their cohabitation or financial stake in the property.

Who can make a Cohabitation Disputes / TOLATA claim?

Usually, TOLATA is implemented when a dispute transpires between unmarried couples who live in a property owned either solely by one individual or through joint tenants/tenants in common. But the court is there to help any parties who are disputing over the property, no matter their personal relationship.

Additionally, it can be common for TOLATA to be a useful way to establish whether an individual has an interest in the property. If you believe you have a beneficial interest in a property and are being treated unfairly or not compensated for your contributions, you may be entitled to file a TOLATA claim to recover your financial interest in the property in the form of a lump sum payment or the right to occupy.

What does it involve?

Before starting a TOLATA claim, we typically advise settling the dispute by means of Mediation or Solicitor Negotiation. This can be less time-consuming and easier on the individuals involved but we understand it is not always achievable.

The general process of pursuing a TOLATA claim will look like this:

1) Letter Before Claim
The letter will include your intentions and legal position – it will set out your case for the opposing party and will include evidence to support your claim.

2) Response
The opposing party will have a short window to respond and set out their case. They will either agree or disagree with your claim.

3) Negotiations & Settlement
The aim of this step in the process is to resolve the dispute outside of Court. The solicitors on both sides will negotiate for an early settlement and the case will not need to progress any further if a successful agreement is reached.

4) Court
This may be the only option if unable to negotiate but you have a strong legal position – your solicitor will advise on the next steps of formally pursuing a TOLATA claim through the Court.

How we can help

Nicholson Jones Sutton Solicitors understands that each client is unique, and our experienced Cohabitation Dispute team will work with you to provide advice and solutions tailored to your individual circumstances.

Our expert team will assist in pursuing a TOLATA claim, as well as, ensuring you are protected from future claims and defending you if there is a claim being made against you. Getting the right advice on TOLATA and property disputes is critical and that’s why Nicholson Jones Sutton Solicitors is here. Our team will proactively work with you to settle the dispute outside of court but are extensively experienced in handling claims that are left with no other option.

If you would like to discuss your matter with us or require more information on Cohabitation Disputes, please contact Nicholson Jones Sutton Solicitors today to arrange a free no obligation consultation.

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