If you and your ex-partner aren’t married or in a civil partnership and at least one of you owns the property you lived in, then you might be able to file a TOLATA claim to settle any disputes about the ownership of the property and who has the right to remain living there.
What Can A TOLATA Claim Do?
The Trust of Land and Appointment of Trustees Act, shortened to TOLATA, gives power to the Court to make decisions about property disputes between unmarried couples. Working out who has the rights to a home in which both people have invested money can sometimes only be settled through legal action.
One method to resolve your dispute is through mediation. A mediator can help you both to come to an agreement without going to court over the matter, by holding a series of informal talks whilst remaining neutral at all times. If mediation doesn’t resolve matters, then a court case can be put forward with the help of TOLATA.
The Process Of Making A TOLATA Claim
If you are unable to settle your dispute out of court, then here are the steps for filing a TOLATA claim:
Write a Letter Before Claim to your ex-partner to set out your case and provide evidence to support it.
- Your ex-partner will then be asked to respond to your letter in a certain amount of time.
- Early settlement might still be possible at this stage if your ex-partner agrees to settle the claim with you before going to court.
- If settling your claim is not possible, then making a claim to the Court is necessary. Here, a lawyer will help to put together your claim. The outcome could swing in favour of either yourself or your partner, no matter who made the claim.
- Hopefully, the outcome of the TOLATA claim is that either you or your partner will receive custody of the property and assets within it, or that there is a specific boundary placed that ensures you both get a fair share of it.
Get In Touch
If you still feel as if you require more information about a TOLATA claim, then why not contact one of our friendly staff members at Bowser’s Solicitors today? We would be happy to talk through any concerns you have before making a big decision on the future of your property.
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