Read more articles in: Blog, Lorraine Walker, News

Disputing property ownership with a former cohabitee? TOLATA claims can help

We all know how challenging it can be to settle disputes with former partners, particularly over something as significant and complex as your home.

Property disputes between unmarried couples can be uniquely complicated, since there is no formal separation proceeding as there is with a divorce.

If you or your former partner own a property jointly or the property that you both shared is owned by one of you, you may be able to make a claim under the Trusts of Land and Appointment of Trustees Act (TOLATA).

TOLATA explained

TOLATA claims allow the Courts to make decisions on who owns the property and who can remain in the property.

The Act allows either partner to make a claim of interest in the property, even if they were not named on the deed.

For the claimant, the aim is to protect their interest in their current or former home and ensure they are not disadvantaged in their housing situation by the ending of the relationship.

The TOLATA process

Before commencing a claim, it’s usually best to assess whether you and your former partner can resolve the issue without involving the Courts. This is often less stressful, less costly and more effective at preserving a civil approach.

If an out-of-court settlement is not possible, the TOLATA claim process includes:

Letter before claim: A letter outlining your case with supporting evidence.
Response: Your ex-partner has a short period to respond and present their case.
Early settlement: Settlement may still be possible at this stage.
Court: If settlement fails, you can make a claim for the Court to decide.

The process will move more quickly if you and your former partner are willing to negotiate and engage with one another’s needs.

Speak to a member of our team for tailored support on this complex issue.