TOLATA & property ownership disputes

Some of the most common circumstances are as follows:

• Cohabiting partners separate and cannot agree on how to split the property or whether to sell.
• Several family members have bought a property together and cannot agree on what to do with it.
• Someone has contributed to a property and may not officially own a share in it, has been told they have no rights to it.
• Two people have bought a property together, but only one name is on the deeds.
• Several people inherit a property and cannot agree on what to do with it.
• Several people own a property but cannot agree on what percentage belongs to whom.

TOLATA applies to all types of property – not just residential. It can also apply to commercial and agricultural property.

We act for anyone with a potential shared interest in property, including:

• Married couples
• Unmarried couples and cohabitees
• Siblings and other family members with joint property interests
• Friends who have purchased property together or simply cohabit without shared ownership
• Parents and adult children in multi-generational living arrangements

TOLATA claims are made through the courts – a process that is often lengthy and expensive. We strongly recommend using mediation before going to court, as it can avoid the costs and upheaval of litigation. Several of our lawyers are experienced in undertaking mediation and can support you in this.

If mediation fails, we will support you in making a claim that results in a court hearing. This will require you and the other parties to provide written information, witness statements and (possibly) expert reports. If it goes to trial, a TOLATA claim can take as long as two years.

Every TOLATA claim is different, but typically results in the court deciding:

• Who owns the property
• What proportion of the property is owned by each person (known as beneficial interest)
• Whether the property should be sold
• How the sale proceeds should be divided.

Drawing up a declaration of trust can help you avoid potential future TOLATA disputes over who owns what proportion of a property. However, it cannot prevent disputes over what to do with a property and whether or not to sell it.

Mediation can be a successful alternative to avoiding the expense of going to court with a TOLATA claim. This is something our lawyers can support you with.