Property disputes can be stressful, particularly when they involve co-ownership or unclear beneficial interests. If you’re facing a disagreement over property ownership or usage, you may have come across the term “TOLATA”. But what exactly is a TOLATA case and how can Manak Solicitors assist you?
What Is a TOLATA Case?
TOLATA stands for the Trusts of Land and Appointment of Trustees Act 1996, a key piece of UK legislation designed to settle disputes over property and land ownership. Unlike married couples who can rely on family law to divide assets during a divorce, unmarried couples, family members or co-owners often turn to TOLATA to resolve disagreements.
A TOLATA case can determine:
- Ownership Shares: Who owns what percentage of a property.
- Sale of Property: Whether a property should be sold and how proceeds should be divided.
- Occupation Rights: Who has the right to live in or use the property.
Common scenarios for TOLATA cases include unmarried couples separating, family members disputing inherited property or co-owners clashing over whether to sell. If you’re in one of these situations, Manak Solicitors has the expertise to guide you through the process.
Why TOLATA Cases Matter
For unmarried couples or cohabitees, TOLATA is often the only legal recourse to protect your financial contributions to a property. For example, if you’ve paid towards a mortgage, renovations or upkeep but your name isn’t on the title deeds, a TOLATA claim can help you secure your rightful share. Without this legal framework, you risk losing out entirely. At Manak Solicitors, we understand the emotional and financial stakes involved and we’re here to fight for your interests.
How Manak Solicitors Can Help with Your TOLATA Case
At Manak Solicitors, our experienced property dispute team specialises in TOLATA cases across the UK. Here’s how we can assist:
Expert Legal Advice
We assess your situation, review evidence like financial contributions or agreements and advise on the strength of your TOLATA claim.
Negotiation and Mediation
Court battles can be costly and time-consuming. We prioritise alternative dispute resolution (ADR) to reach amicable solutions where possible.
Court Representation
If your case goes to court, our skilled solicitors will represent you, presenting a robust case to secure the outcome you deserve.
Tailored Solutions
Whether you want the property sold, your share recognised or occupation rights clarified, we customise our approach to your goals.
Based in Kent with offices in Orpington, Sevenoaks and Gravesend, we proudly serve clients locally and nationwide, bringing a personal touch to every TOLATA case.
The TOLATA Process
Navigating a TOLATA case can feel overwhelming but with Manak Solicitors by your side, it’s straightforward. Here’s a quick overview:
Step 1: Evidence Gathering
We help you compile proof of your contributions—think bank statements, receipts or written agreements.
Step 2: Pre-Action Protocol
We contact the other party, outlining your claim and attempting negotiation or mediation.
Step 3: Court Application
If no agreement is reached, we file a claim seeking a court ruling.
Step 4: Resolution
The court decides ownership, sale or occupation and we ensure the outcome is enforced.
Our team keeps you informed at every stage, minimising stress and maximising results.
Why Choose Manak Solicitors for TOLATA Cases?
- Proven Track Record: With years of experience in property law, we’ve successfully handled numerous TOLATA cases for clients across the UK.
- Local Expertise: Our Kent-based team understands the regional property market, giving us an edge in TOLATA disputes.
- Client-Focused Approach: We prioritise clear communication and cost-effective solutions, earning us glowing reviews from satisfied clients.
Common TOLATA Case Examples
- Unmarried Couple Breakup: One partner owns the home but the other contributed to the mortgage. We can help prove a beneficial interest.
- Family Property Dispute: Siblings disagree over an inherited home’s future. We can secure a fair division or sale.
Co-Owner Stalemate: One co-owner wants to sell, the other doesn’t. We can push for a court-ordered sale if needed.
Get Started with Manak Solicitors Today
If you’re facing a property dispute and think a TOLATA case might apply, don’t wait. Time limits under the Limitation Act 1980 could affect your claim.
Contact Manak Solicitors today for an initial consultation.
