Disputing property rights with a co-owner? Get expert legal advice with TOLATA disputes
At Wallace Robinson & Morgan, we offer expert legal advice and representation in TOLATA disputes, helping individuals navigate complex property rights issues under the Trusts of Land and Appointment of Trustees Act 1996. Whether you are dealing with disagreements over property ownership or seeking to enforce your rights, our team is here to guide you through the process and protect your interests.
What is TOLATA?
A TOLATA dispute arises when there is disagreement between co-owners of a property, often regarding the ownership, use, or sale of the property. These disputes are governed by the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), which addresses issues related to trusts in land and property.
Disputes under TOLATA can arise in various circumstances, including:
- Joint Ownership Disputes: When two or more individuals jointly own property but cannot agree on how to divide it or what share each person is entitled to.
- Disagreements Between Trustees and Beneficiaries: When individuals acting as trustees of property have differing views from the beneficiaries of the trust regarding property management or sale.
- Property Disputes Between Unmarried Couples: In cases where unmarried couples jointly purchase property but separate or cannot agree on the distribution of assets.
TOLATA disputes typically arise when one party wants to sell or transfer property, or when there is uncertainty or disagreement regarding the terms of the trust or the rights of individuals with an interest in the property.
How We Can Help
At Wallace Robinson & Morgan, our solicitors are experienced in handling all aspects of TOLATA disputes and can help you with:
- Determining Property Ownership: We can help establish the ownership rights of all parties involved, whether you are a trustee, beneficiary, or co-owner, to determine your entitlements under the trust.
- Resolving Disagreements Over Property Division: Whether it involves selling the property or dividing it, we provide advice on how to reach a fair resolution when parties cannot agree on the property’s future.
- Enforcing Trust Terms and Rights: If you believe that your rights as a beneficiary or co-owner are being ignored or undermined, we offer legal solutions to ensure your rights are upheld.
- Mediation and Negotiation: We assist in resolving disputes outside of court through alternative dispute resolution methods, including mediation and negotiation, to ensure you avoid costly and lengthy litigation.
- Court Applications: If negotiations fail, our solicitors can assist with preparing legal proceedings and applying for court orders that may include the sale or division of the property, removal of trustees, or the enforcement of trust provisions.
Frequently Asked Questions
Navigate TOLATA disputes with confidence using our FAQs. Find the answers you need to protect your property and personal interests.
TOLATA disputes typically involve individuals who jointly own a property, such as cohabiting partners, family members, or business partners. Disagreements often occur over the property’s sale, division of proceeds, or the entitlement of each party to the property.
Courts will consider various factors, including:
• The financial contributions each party made towards the property (e.g., purchase price, mortgage payments)
• The intentions of the parties at the time of purchase
• The length of time the property has been owned
• Any verbal or written agreements regarding the property
Yes, many TOLATA disputes are resolved through negotiation, mediation, or alternative dispute resolution methods. It is often quicker and less costly to resolve a dispute outside of court. However, if a resolution cannot be reached, the case may be taken to court for a formal decision.
What to do next?
If you are involved in a TOLATA dispute or need help managing property ownership concerns, contact Wallace Robinson & Morgan today.
Call us at 0121 705 7571 or fill out the contact form below—your privacy is guaranteed—and we’ll arrange a convenient time to discuss your needs.
Andrea Evans
Ciara Cunningham
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