TOLATA Claims

Irwin Mitchell is an excellent firm that is highly responsive and provides superb service.

Chambers & Partners, 2023

If you and your ex-partner own (or one of you owns) a property you shared together, then you might be able to make a TOLATA claim. Our solicitors are experts in this complex area of law and have experience making and defending TOLATA claims.

The Trusts of Land and Appointment of Trustees Act (TOLATA) gives the Court power to make decisions where there are property disputes between unmarried couples. The Court can make decisions on:

Ownership of a property
Who can remain in the property.

TOLATA allows you to claim, even if you’re not named on the deeds to the property.

What services do we offer?
Should you consider settling out of court?
What’s process for making a TOLATA claim?
Why choose us?
Case study – defending a TOLATA claim.

Call our friendly team on 0370 1500 100 or contact us online for a consultation about your case.

What Services Do We Offer?

Our TOLATA solicitors can help:

Protect you from a future TOLATA claim being made if your relationship breaks down
Settle your property dispute out of court
Make a TOLATA claim
Defend a claim being made against you
Make a professional negligence claim, if a solicitor or licensed conveyancer didn’t advise you correctly about this issue.

Should You Consider Settling Out Of Court?

Before starting a TOLATA claim, it’s a good idea to consider whether you’ll be able to settle your dispute out of court. This is a gentler way of sorting things out, and can be a much better option if you and your ex-partner have children together.

The most common ways of settling TOLATA claims out of court are through:

Mediation
This is where you use an impartial specialist called a mediator to help you come to an agreement.
Solicitor negotiation
This is where your solicitors will work with you both to negotiate a settlement.

Our family law solicitors are experts in this area and could help save you money, and unnecessary stress. Call us on 0370 1500 100 or contact us online for a consultation about your case.

What’s The Process For Making A TOLATA Claim?

If you’re unable to settle your dispute out of court, the process for making a TOLATA claim is:

Letter Before Claim
This is a letter that sets out your case – ideally with evidence to support it.
Response
After receiving the letter your ex-partner has a short period to respond and set out their case.
Early settlement
At this point it may still be possible to settle your claim without going to court.
Court
If you can’t settle your claim out of court, then you can make a claim for the Court to decide.

How long this process takes will very much depend on your specific situation. This can include how complex your case is, as well as how willing you both are to negotiate.

Our solicitors are experts in negotiation, as well as the Court process. We can help you make or defend a TOLATA claim.

Why Choose Us?

We have one of the largest family law teams in the UK, with solicitors who specialise in TOLATA claims. We work across the country, so we can help you wherever you live.

Proving that someone has a financial interest in a property they don’t own can involve very technical legal arguments. So it’s important that you have the experts on your side to get the best outcome.

Alongside TOLATA claims, we often also find that unmarried couples were badly advised by a solicitor when a property was purchased, in terms of protecting their individual interests. In these situations we can help you make a professional negligence claim too, where appropriate.

We understand that things can get even more complex when children are involved. We’re skilled negotiators, and will do everything we can to try and settle the claim out of court, with a minimum of fuss. However, where we need to go to Court, rest assured that we have the experience to get you the best possible result.

Contact us

For a consultation about your TOLATA claim, call us on 0370 1500 100 or contact us online.

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