TOLATA stands for the Trusts of Land and Appointment of Trustees Act 1996. TOLATA proceedings are legal proceedings that help resolve disputes over property ownership/rights between people who are not married.
For example, a common reason for a TOLATA claim is when an unmarried couple has separated and there is disagreement over who owns the property. This might also happen when friends buy a property together and then want to sell it.
The TOLATA helps legally identify who owns what share of a property.
About TOLATA Proceedings
The process of TOLATA proceedings usually follows the following steps:
- The claimant writes to the defendant to set out the case before the court application is made
- The claimant applies to the court
- The defendant has a chance to respond to the claim
- The case is allocated
- A costs/case management conference is held
- A pre-trial review is conducted
- The TOLATA proceedings go to court
The court will look at factors such as financial contributions, the intentions of the parties and any agreements that have been made, to determine who has what ownership over the property. The court will also look at non-financial contributions, such as work or improvements made to the property.
How Fitz Solicitors Can Help with TOLATA Proceedings
Whilst you can represent yourself through TOLATA proceedings, we recommend you instruct a solicitor due to the complexity of this area of law.
Our team of solicitors have a wealth of experience dealing with TOLATA cases. We ensure our client’s best interests are represented, supporting them throughout their case.
If you’d like to find out more about TOLATA proceedings and how we can help, get in touch.