Unmarried couples and ownership of property
Cohabitation is when unmarried couples live together. A large percentage of unmarried couples own homes and other assets jointly or individually but in the event of a separation have no idea how to deal with this aspect. Additionally, not being married affects parental responsibility and child custody and can make separation more complex. At Awan Solicitors, we can assist you with the preparation of agreements and advise you on your individual rights as an unmarried couple.
This area of law comes under Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) which we specialise in.
What is a Tolata claim?
TOLATA gives courts certain powers to resolve property disputes between unmarried couples. The court is asked to determine who are the legal and beneficial owners of a property and in what proportions. A TOLATA claim can be issued to determine whether jointly owned property should be sold.
The Trusts of Land and Appointment of Trustees Act (TOLATA) gives the Court power to make decisions where there are property disputes between unmarried couples. The Court can make decisions on ownership of a property.
Why was Tolata created?
TOLATA, 1996 was introduced to address the problems which arose in separation cases when partners disagreed as to when to sell a property. This often led to spouses and children becoming homeless.
Who can bring a claim?
Any person who is a trustee of land or has an interest in property subject to a trust of land may make an application to the court for an order under this section.
Can beneficiaries of trust bring a claim against a trustee?
Claims against trustees are usually made by beneficiaries of the trust. However, co-trustees can also make a claim, as well as any third party with an interest in the trust – such as a creditor who is owed some of the assets.
Take the next step now! Come and talk to us.
We will be able to give you an overview of your case and an indication of the likely costs involved.
To arrange for an appointment, please contact us by telephone or email your details and we will call you back.
