If you are involved in a dispute over a jointly owned property, we offer unparalleled and cross-departmental expertise in resolving disputes under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).
The team is great at all levels and can handle matters of any size. A particular strength with Howard Kennedy is the fact that, where the issues in a case cross over into different areas – someone from the relevant Howard Kennedy team can be brought in to assist. The firm is very good at using its full range of expertise.
Legal 500
2024
Our experienced legal team represents a diverse range of clients, including high-net-worth individuals, international investors, business partners, families, and friends with shared property interests. We handle a wide variety of issues, including:
Disputes over ownership of property
Disagreement over each party's share in property
Disputes over the sale of property
Disputes following the death of a co-owner
We can assist both domestic and international clients with property interests in England and Wales.
What is TOLATA?
Unmarried family members, cohabiting partners and non-related parties have fewer automatic legal protections compared to married couples, especially in property disputes. The rights of individuals in these situations, unless they share children, are primarily governed by TOLATA. This legislation determines how property which has been contributed towards or lived in by more than one party is owned and managed and how disputes are resolved, particularly in situations where a formal agreement was never established.
Our cross-departmental approach
We have a dedicated group of TOLATA specialists who work collaboratively across departments to provide you with comprehensive legal solutions. By integrating their respective expertise in property law, family law, trust law, and international tax and succession planning, they skilfully navigate the intricacies of property disputes, protecting your assets and ensuring the best possible outcome for your situation.
Why choose us for your TOLATA enquiries?
Further to our unique cross-departmental approach, we offer bespoke legal solutions tailored specifically to the needs of our clients with property in England and Wales. Here's why clients trust us with their most complex property disputes:
Specialised Expertise: Our lawyers are well-versed in TOLATA and have extensive experience handling high-stakes property ownership conflicts.
Personalised Service: We take a client-first approach, offering strategies uniquely tailored to your specific circumstances, whether you are dealing with UK or international property.
Global Reach: We understand the complexities of cross-border property disputes and offer services for clients with international investments, ensuring that your interests are protected across jurisdictions.
Contact us today to discuss your case and how we can assist you in resolving your property dispute under TOLATA.
Questions you might have about your co-ownership property dispute:
Do I have property rights if I'm not married?
Yes, you may have property rights even if you're not married, but the legal status of those rights and the process through which you can exercise them is different. TOLATA allows co-owning partners, friends, or family members to assert their interests in jointly owned properties, particularly if there is no formal ownership agreement.
If you have minor or disabled adult children with your partner, you may have other claims for property, or other financial provision under Schedule 1 of the Children Act 1989.
We can guide you through this complex process and protect your financial interests.
How are property disputes between co-owners resolved?
Property disputes between co-owners are typically resolved through negotiation or, if necessary, court proceedings under TOLATA. The court can order the sale of the property, determine ownership shares, or provide other remedies. Our team specialises in resolving high-value property ownership disputes, both in the UK and internationally, ensuring that your assets are protected.
What are my rights if I co-own property with someone internationally?
If you co-own property in England & Wales or internationally, your rights will depend on the jurisdiction governing the property and the terms of the ownership. TOLATA applies to property in England & Wales, but international properties can involve different legal systems. Our team is experienced in navigating cross-border property disputes, ensuring that your rights and investments are safeguarded across multiple jurisdictions.
How long does it take to resolve a TOLATA property dispute?
The timeline for resolving a TOLATA property dispute depends on the complexity of the case and whether the parties can reach an agreement without resorting to court action. Our goal is to resolve disputes as efficiently as possible while protecting your interests, whether through alternative dispute resolution or litigation. Once we know the specifics of your case, we can give an indication of timescales.
Can I force the sale of a jointly owned property?
Yes, under TOLATA, a co-owner of a property can apply to the court for an order to sell the property if the other party refuses to agree. The court will consider several factors, such as the intentions of the parties when purchasing the property, before making a decision. Our experienced legal team can help guide you through this process and represent your interests in court.
How does the court decide who gets what share of the property?
When determining ownership shares, the court will look at factors such as contributions to the purchase price, mortgage payments, and any agreements between the parties. If there is no formal ownership agreement, the court may decide based on the conduct of the parties. Our team will work to present the strongest case possible to ensure you receive a fair share of the property.
Do I need to go to court to resolve a property dispute?
Not necessarily. Many property disputes can be resolved through negotiation or mediation without the need for court proceedings. However, if negotiations fail, TOLATA provides a legal framework for resolving disputes in court. Our team is skilled at both negotiating settlements, supporting clients through non-court dispute resolution methods such as mediation, and representing clients in court when necessary. We also have family and commercial mediators who will be able to assist in certain circumstances.
Related Services
Discover how our expert legal team can assist with a variety of property and family law matters. From divorce to real estate disputes, we offer tailored solutions to meet your needs. Our services include:
Our Team
Meet our dedicated team of legal experts, committed to providing exceptional service and tailored solutions. With extensive experience in property and family law, our professionals are here to guide you through every step of your legal journey.
