The Trusts of Land and Appointment of Trustees Act (TOLATA)
A Cohabitation Dispute, otherwise known as a TOLATA claim (The Trusts of Land and Appointment of Trustees Act), gives the Court the authority to make judgements in cases of property disputes between unmarried couples, friends, or family.
Cohabitation is a common solution for couples who prefer to live together without the formality of marriage. However, this does not make them invulnerable to the difficulties of separation; just like a divorce, there may be a variety of legal and financial assets that need to be resolved. Our team has extensive experience in Cohabitation Disputes and will work with you to create the best possible outcome.
Many people believe that when a relationship ends, they have the same rights as if they were married. In reality, they are not entitled to any of the safeguards granted to a married partnership under family law.
This can also apply in instances of confusion between family if a relation has contributed towards a deposit but not specified if it was a gift or a loan. Or friends have since fallen out after purchasing a property together and cannot communicate amicably.
There are two classified types of co-ownership: joint tenancies and tenancies in common. If you are beneficial owners, you can hold a property as either joint tenants or tenants in common. Whereas legal owners can only hold a property as joint tenants.
The fundamental distinction between the two tenancies is that in the unfortunate circumstance there is a death of one of the joint tenants, the property is automatically inherited by the remaining tenant(s), otherwise known as a survivorship.
When more than two persons hold property, a land trust is formed. The disagreement could be over determining the parties’ beneficial interest in the property, forcing the sale of assets if one owner refuses to sell, or allowing a non-legal owner to recover their financial investment. A court application for these types of issues would be made in accordance with TOLATA. These are referred to as TOLATA claims.
Our expertise is in resolving house ownership conflicts, as well as issues such as maintenance, the division of funds and investments, and family arrangements. Before pursuing a TOLATA claim, evaluate whether you and your ex-cohabitator can reach an out-of-court settlement. This is a more delicate method of resolving issues, and it may be a better alternative if you have children together.
Mediation – This is where you assign an impartial specialist known as a mediator to assist you in reaching an agreement. Our solicitors can help you through this process and provide legal advice and elaborate on any terms of the agreement where necessary.
Negotiation – If Mediation is not suitable, our team can assist in guiding both of you in negotiating a settlement.
If an agreement still cannot be formed, we can help in the next steps of advancing the case to court.
A Cohabitation Dispute is a complex matter, but our expert team can help you with the following:
Our team has extensive experience in dealing with Cohabitation Disputes matters. We are sympathetic, understanding, and are here to help you every step of the way.
Nicholson Jones Sutton Solicitors can usually act on your behalf on a No Win No Fee basis.
If you would like to discuss a matter or require some more information please contact us via phone or email to arrange a free no obligation consultation.
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Adele is a qualified solicitor with over 20 years experience working in the legal sector, predominantly within Litigation.
Adele joined the firm in March 2021 and is the member of the management team responsible for the firms strategy, including the growth of a number of key areas of legal practice, heading up the Housing Disrepair and Probate Teams. She also has a keen interest in technology, in particular automation, and will be working on optimising the firm’s processes.
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Tracy has more than 15 years’ experience as a legal secretary. Tracy began working in litigation department for the firm back in February 2021.
Tracy is new to the Housing Disrepair team and Probate team after joining the teams from dealing with Personal Injury claims within the Road Traffic Accident department. Tracy’s priority is to ensure our clients receive the highest level of support.
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Guy has over 15 years post qualification experience and has specialized in probate, inheritance and trust disputes since 2018.
He can advise on Inheritance Act claims, will validity challenges and disputes concerning the administration of estate and the duties of executors as well as the wide variety of disputes arising from a deceased person’s estate.
He also has experience with contentious Court of Protection disputes, non contentious probate work and trusts of land.
In his spare time he enjoys spending time outdoors and with his young family and dog.