TOLATA stands for The Trusts of Land and Appointment of Trustees Act 1996. Claims brought under this statutory provision are legal actions to resolve property disputes over the ownership of property or land. Unlike married couples, unmarried couples do not have the automatic right to make a claim against their partner’s money or property upon the breakdown of the relationship.
However, if you are having a dispute with your ex-partner over the property you lived in during your relationship, whether that is owned jointly or if it is owned by one of you, you may be able to make a claim under Section 14 of the Trusts of Land and Appointment of Trustees Act 1996.
What is TOLATA?
Many people discover too late that the mere fact that they are living together it does not in itself mean that they have an automatic interest in the family home. Where separating couples are not married, any interest in the property is determined by the principles of land and trust law.
Making an application under The Trusts of Land and Appointment of Trustees Act 1996 gives the Court power to make decisions when there are property disputes between unmarried couples.
Unmarried couples and TOLATA
Cohabiting is the fastest growing family type, with over 3.6 million partners cohabiting in the UK. It is still believed by many cohabiting couples that they are protected under what is referred to as a ‘common law marriage’. This concept does not exist, regardless of the length of the relationship or whether there are children. It is a misconception which leaves unmarried couples falsely believing they are protected.
Who can make an application under TOLATA?
An application can be made by either party when an agreement cannot be reached between unmarried couples about the ownership of property or land. You can claim under TOLATA in relation to a property even if you are not named on the deeds.
What can an application under TOLATA achieve?
Examples of what an application under TOLATA can achieve include but are not limited to:-
- An order for sale, if one party is refusing to place the property on the market.
- Declarations as to ownership.
- Determination of who can remain in a property.
- Clarity and closure. Resolving disputes through TOLATA can provide much-needed clarity and closure, especially during the time of an emotional separation.
What can you do?
If you are unsure and want to know whether you can make a claim under TOLATA, get in touch and speak with a legal expert today for a free 30-minute initial telephone consultation.