Understanding Trust of Land (TOLATA) disputes

A TRUST of Land (TOLATA) dispute sometimes occurs when a relationship breaks down between a couple who are not in a marriage or civil partnership, and there is a dispute about the property that they occupied together. 

This might relate to whether there should be a sale of the property, who should occupy it or who is entitled to what share in the property. These issues can be determined by a court pursuant to the Trusts of Land and Appointment of Trustees Act 1996. 

The process will start with the legally named owner of the property. It will then consider whether there has been any formal, written, express declaration of trust. Declarations of trust are sometimes prepared when parties purchase a property and set out the beneficial interests of the parties. 

However, the court may also be asked to consider whether there is any resulting or constructive trust based on individual circumstances. More information about these two trusts and how they might occur is available on our website. 

This complex area of property law is often further complicated by the high emotions surrounding a relationship breakdown. However, it is important that each party receives their fair share if they have contributed significantly to a property now being disputed. 

If you think you may have a Trust of Land (TOLATA) dispute, speak to one of our experienced Family Law solicitors who can then refer to you our Dispute Resolution team if necessary. Call us on 01636 671881 in confidence. 

Alternatively, Tallents Solicitors offers a free, phone-in Family Law clinic on Tuesday evenings, 5-7pm. Just call 01636 813411 to speak to one of our solicitors or visit our website: www.tallents.co.uk 

Stephanie Whitchurch