Trust of Land Disputes
We appreciate that family arrangements become increasingly complex and if you are in a relationship with your spouse or partner which has broken down and you own a property together a dispute may arise in relation to the ownership of the property or occupation.
Disputes of this nature often arise where there is no agreement in place and in most cases affects unmarried couples who hold a property on trust for themselves as tenant in common in equal or unequal shares or as beneficial joint tenants and upon breakdown of a relationship are unable to agree as to their respective interests in the property.
The Trust of Land and Appointment of Trustees Act 1996 (TOLATA) allows parties to the dispute to apply to the Court seeking declaration as to their rights and interest in the property and the Court when considering such application will consider among other things:
- The intention behind the trust and reasons why it was made
- Interest of any children at the property; and
- Interest of any creditors.
TOLATA involve complex legal procedures and if you find yourself in dispute with your spouse or partner, as the legal owner or as a beneficiary, it is paramount that you receive expert legal advice at the early stage. Our family team has wealth of experience in dealing with TOLATA claims and will provide clear and bespoke legal advice on your rights, remedies to protect your best interest and secure an early settlement.
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East – Newcastle upon Tyne
240a Chillingham Road,
Heaton,
NE6 5LP
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NE4 9PU