When an unmarried couple separates, a dispute over the family home or any other shared property can be one of the most stressful challenges. Unlike a divorce, there is no automatic legal framework to deal with these assets. The Trust of Land and Appointment of Trustees Act 1996 (TOLATA) provides a crucial legal route for resolving these matters, and our specialist solicitors are here to guide you every step of the way.
TOLATA claims are not limited to separating couples. Our solicitors are experienced in handling a wide range of property disputes for clients, including:
Our first priority is to help you find a solution that is as swift and cost-effective as possible. We always begin by considering Alternative Dispute Resolution (ADR), such as negotiation or mediation, as this often leads to a quicker resolution. However, if an amicable agreement cannot be reached, our experienced team will provide full support throughout the court process.
Our comprehensive service includes:
Expert case assessment – We will work with you to understand your situation, assess your legal and beneficial rights, and develop a clear strategy tailored to your unique goals.
Negotiation and mediation – We will act on your behalf to negotiate a settlement with the other party, aiming to avoid the need for court intervention.
Strategic evidence gathering – We will help you compile all the necessary evidence to support your claim, from formal declarations of trust to informal communications like emails, text messages, and records of financial contributions.
Court representation – If a negotiated agreement is not possible, we will expertly prepare your case, file all necessary court documents, and represent you in court to ensure your legal position is clearly and compellingly presented.
Future planning – We will also provide advice on key considerations for the future, such as being removed from a mortgage or land ownership obligations.
When a TOLATA claim goes to court, the judge’s task is to determine the parties’ true intentions regarding their shares in a property. While formal legal documents are key, the court will look at a wide range of evidence. This is why our meticulous approach to evidence gathering is so important.
The court will assess:
Documented intentions – Any formal declarations of trust, legal documents, or entries on the Land Registry’s TR1 form.
Financial contributions – Who paid for what, including the deposit, mortgage payments, and contributions to property maintenance and improvements.
Conversations and conduct – The court may consider informal evidence, such as text messages or emails. It will also look at the overall nature of the relationship and how both parties behaved in relation to the property.
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If you are facing a property dispute after a relationship breakdown, our specialist team is here to help. We can provide you with clear, expert advice to help you understand your rights and take the best next step.
Call us on: 01462 458711
Email us at: info@hrjforemanlaws.co.uk
Or simply fill out the form below, and we’ll get back to you promptly.
Hitchin
01462 458711
Welwyn Garden City
01707 887 700
Old Harlow
01279 709100
London
0203 327 9001
