The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) regulates the relationship between co-owners of land and provides a legal framework for resolving such disputes. Whether you own property jointly with another individual or believe you may have an ownership interest despite not being named on the legal title, TOLATA could provide the key for answering those legal questions.

What is TOLATA? 

TOLATA applies to individuals who co-own property or have a beneficial interest in it. For example, in a cohabiting couple, one partner may be entitled to a share of the family home despite not being the legal owner, due to financial contributions such as deposits or mortgage payments.

This legislation allows courts to:

• Determine ownership shares
• Enforce or prevent the sale of a property
• Ensure fairness in property disputes.

Common situations leading to TOLATA claims

TOLATA claims typically arise when property co-owners cannot agree on their respective rights or next steps. Common scenarios include:

• Breakdown of relationships: Disputes between cohabiting partners when a relationship ends and ownership shares are disputed.
• Family contributions: Parents or relatives who financially contributed to a property purchase may need to assert their interests.
• Multiple beneficiaries: Beneficiaries inheriting a shared property under a Will may disagree on how it should be used or sold.
• Business partnerships: Business partners co-owning property may face disputes over ownership rights or sale decisions.

When should you seek legal advice?

If a property dispute arises, seeking legal advice at an early stage can be beneficial. A TOLATA claim may be appropriate if:

• One co-owner wants to sell the property while others do not – Courts can enforce a sale and distribute proceeds fairly between the parties.
• No formal Declaration of Trust exists: If contributions to the deposit or mortgage payments were unequal, a claim may clarify ownership shares. That said, often disagreements can arise even where there is a Declaration of Trust.
• Exclusive use of property is unfair: If one party has exclusive use of the property without adequately compensating the other party for this, legal action may be necessary.
• Financial contributions are in dispute: Unequal mortgage repayments or maintenance costs may require court intervention to clarify obligations.

The Court’s Approach Under TOLATA

The English courts approach these claims under TOLATA with broad discretion, allowing for various outcomes based on the specific circumstances of each case. This includes making declarations about ownership interests and orders for sale.

When deciding the outcome, the court must consider various factors outlined in Section 15, if relevant, which include:

• The original intentions of those who created the trust
• The purposes for which the property is held (e.g., family home or investment)
• The welfare of any minors residing in or expected to occupy the property; and
• The interests of any secured creditors.

Potential Court Orders under TOLATA

Some possible outcomes include:

• Orders for sale: The court may order a sale, and dictate how the proceeds are divided.
• Right to buy out: One party may be given the first option to buy out the other’s interest.
• Partitioning of property: In some cases, the court may divide the shares in the property among owners, without unanimous consent from all beneficiaries.

How TWM Solicitors Can Help

At TWM Solicitors, our expert team is well-equipped to assist you with your TOLATA matters. We provide comprehensive legal guidance to help you understand your rights and options under this legislation. Our solicitors will assess the specifics of your case and advise on the merits of pursuing a claim and potential outcomes.

We develop tailored strategies for each matter, considering factors such as ownership intentions and existing agreements to achieve favourable resolutions through negotiation and/or litigation. With extensive experience navigating court procedures related to TOLATA claims, we manage timelines, filing requirements, and hearings efficiently.

As a full-service law firm, we can assist with any follow-up actions required after your claim is resolved, such as enforcing court orders or addressing remaining disputes related to property management or distribution of proceeds from a sale.

Contact Us Today

If you are facing a property dispute or considering a TOLATA claim, our expert team is here to help Contact TWM Solicitors today to discuss your case and explore the best course of action.