TOLATA (The Trusts of Land and Appointment of Trustees)
What are TOLATA claims?
Property claims for couples who have been cohabiting and are not married.
What is the property law of TOLATA?
TOLATA stands for The Trust of Land and Appointment of Trustee Act. It is legislation which gives the courts powers to deal with the property where the couple are not married and either they own the property jointly or the property is in the sole name of one party and the other party has a beneficial interest, most likely through a contribution to the property or the mortgage without ever having their name on the title deeds.
What types of disputes are typically addressed through TOLATA claims?
Cohabiting couples on the breakdown of their relationship.
What evidence is needed to support a TOLATA claim?
It is most important to have evidence of the intention of the parties at the time the property was purchased, or they commenced living together in their shared arrangements. What were their intentions? Did they intend that this was a home for the two of them, to which they would both contribute, or was it always going to be the asset of one party with the other party simply paying an occupational rent? Evidence of common intention and obviously evidence of monetary contribution, including to any mortgage, are vital.
How long does it take to resolve a TOLATA claim?
A similar time as it would if the parties had been married, a minimum of twelve to eighteen months if the claim proceeds through court, although most claims settle.
Can I make a TOLATA claim if I contributed financially but am not listed on the property title?
Yes, you will potentially be able to do so depending on the nature of your claim and what was the intention between the parties at the time.
What are the steps involved in filing a TOLATA claim?
A letter would normally be written to the other party in the first instance setting out the claim and thereafter Particulars of Claim would be drafted and the proceedings issued in the civil jurisdiction in the County Court.
Are there alternatives to litigation for resolving TOLATA disputes?
Yes, all methods of ADR (Alternative Dispute Resolution) can be used in respect of TOLATA claims.
How can legal professionals assist with TOLATA claims?
A TOLATA claim is complex in terms of the relevant law of trusts and the understanding of the parties at the time and everyone should seek legal advice before embarking on a TOLATA claim or making a decision not to.
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Paul qualified as a solicitor in 2010 and specialises in Residential Property matters.
