Making or defending a ToLATA claim

The Trust of Lands and Appointment of Trustees Act 1996 (ToLATA) is an important safeguard for cohabitees, it ensures that property ownership rights are secure should a relationship dissolve- regardless of who is listed on title deeds.

If you are looking to secure your financial interests in a property, ToLATA may be just what you need. For instance, it can help recover what is yours if an ex-partner or friend has refused to vacate premises.

ToLATA claims come in two forms: resulting and constructive trusts. Resulting trust claims involve a non-owner contributing to purchase price, unless it was merely gifted.

In contrast, constructive trust claimants must prove that shared ownership arrangements existed prior to acquisition- this type specifically relates to shared ownership rather than occupancy rights for their own sake. The court may weigh factors such as mortgage payments made by non-owners or contributions toward bills or repairs when deciding these matters.

Property rights can also be assessed through proprietary estoppel. It ensures that promises of shared ownership are respected and that those who have acted on the basis of these claims cannot be adversely affected.

Raising a ToLATA claim usually starts with exploring alternative dispute resolution routes in order to come to an agreement outside the courts. This often involves mediation or solicitor negotiation. If you can come to an agreement in this way, it is more likely that one of you will be able to maintain rights over the property, as court outcomes tend to state that the property will be sold and the lump sum will be divided in a certain way.

However, if you are unable to reach a satisfactory outcome, making a ToLATA claim requires some extra steps. We will guide you every mile of the way, ensuring all requirements have been met. The process usually begins with a ‘Letter Before Claim’ which outlines the facts of your case with supporting evidence. The other party then has the opportunity to respond before any early settlement attempts are made. If an agreement still cannot be reached, the legal system provides a pathway for resolution through court proceedings. You must then file a formal application in order to help the court make decisions on disputes surrounding joint property ownership rights.

The best defence for a ToLATA claim is to prevent one arising in the first place by taking precautions with any cohabitees. Ensure that you make your intentions with the property clear and if possible, set these out in writing before you begin cohabiting. Besides, you should document any financial contributions made by other parties towards the property (even if they are gifts).

Maintaining an accurate record of all relevant information can make defending yourself much easier should a dispute arise in court.

Unmarried cohabitees often find themselves in tricky situations when it comes to property ownership. Although they are not entitled to the same rights as married couples, ToLATA provides them with options for resolution; allowing individuals to reclaim a joint asset if the other party fails to leave or determining how much each person is entitled to.

If you are not married, the court cannot distribute a property share the same way it does with divorcing couples. Indeed, unmarried cohabitees face more stringent laws, and the court focuses on what was mutually agreed upon or intended rather than simply assigning shares of ownership.