Disputes over ownership of property can arise in a variety of circumstances including where property may be left to children after a parent passes away or when relationships between cohabiting couples break down. In these cases, parties often find themselves in dispute with each other over the proportion of the shares they own in the property or how they are to realise their interest.
If you find yourself ‘out of your depth’ in such a dispute, Poole Alcock’s expert solicitors are here to help. They will guide you through the complex legislation and steer you in the right direction to help bring your matter to a satisfactory resolution.
These types of disputes are mainly governed by the Trusts of Land and Appointment of Trustees Act 1996 (‘TOLATA’). This is a technical and complicated piece of legislation that can be intimidating and difficult to navigate alone.
To settle the dispute, it must first be established that both parties have an interest in the disputed property. Once this is established the extent of each parties’ interest in the property must be ascertained. To evaluate this the courts will consider various factors some of which include whether there were any express declarations relating to the interest in the property and the intention of the parties.
Once the extent of the interest has been established the court will aim to resolve how this interest will be dealt with. Often cases of this nature will have already involved one of the cohabitees remaining in the property whilst the other moves out. This often leads to one party wanting the property to be sold so that they can receive their interest from the proceeds of sale.
There are various paths a TOLATA dispute can take, with Poole Alcock you can be sure that no matter which way your case progresses our solicitors will take it all in their stride.
You can call us on 0800 389 7093 or complete our contact form below and a member of the team will call you back.
Our solicitors understand that disputes over property can be emotionally draining and stressful. We will aim to alleviate some of this turmoil by providing diligent and professional advice in a warm, friendly and understanding manner. If you find yourself in need of our services, please do not hesitate to contact us.Contact Us Today
I am honoured to recommend Sarah-Jane who was representing one of the parties in a mediation in which I was the mediator. She is an excellent litigator who pays attention to detail. Aside from her professionalism which I think is superb, I am particularly ...read more
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