These cases are known as “TOLATA” cases. “TOLATA” refers to the Act that governs this area of law (the Trusts of Land and Appointment of Trustees Act 1996).

When the Court is faced with a TOLATA case and is deciding what order to make, it will consider a variety of factors including what the parties intentions were when they purchased the property, the purpose of the joint ownership, the welfare of any minor who occupies the property, and the interests of any mortgage company if there is a mortgage.

Our recent experience includes:-

  • Acting in a claim for a share in a property purchased in joint names over 30 years ago;
  • Advising in a TOLATA dispute that involved complex issues involving bankruptcy;
  • Acting in a TOLATA claim which involved working closely with the Family Law team to make a Schedule 1 Children Act application; and
  • Acting in a dispute with his brother over various investment properties purchased over 20 years ago.

If you find yourself in a co-ownership dispute, we can provide clear and practical advice about your options, details about the court process if proceedings become necessary, and advice about the likely outcome. We understand that often these disputes arise following a relationship breakdown, whether that be a romantic, familial or business relationship, and we are sensitive to the emotional issues that may be involved. We also work closely with our experienced Family Law team if there are peripheral issues regarding child contact or maintenance that need to be resolved.

Related News & Insights (View more)

Get in touch with us

Our experienced solicitors are on hand to give you advice and assistance.

Call our team on 01582 514000 or Contact Us and we'll get back to you as soon as we can.

Get in touch with us

One of our highly experienced team will be in touch with you shortly.


This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Request a callback

One of our highly experienced team will be in touch with you shortly.


This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Related Resources (View more resources)