Case study: five-figure settlement awarded to ex-partner in joint property ownership dispute

Our specialist TOLATA solicitors helped bring a TOLATA claim for a house that was owned by our client’s ex-partner, but where our client had lived and contributed towards.

What is TOLATA?

TOLATA (the Trusts of Land and Appointment of Trustees Act 1996) is an area of law that applies to disputes about co-owned property or land between unmarried couples/individuals.

Property arrangements

Our client, Ms L, purchased a house with her now ex-partner, Mr B. The property was registered solely in Mr B’s name.

Whilst Mr B paid the purchase price of the property from savings and a mortgage, he received a discount on the price and an additional parking space due to our client being a friend of the developer.

Ms L and Mr B lived in the property as their home and split the costs of the property including décor, mortgage, bills and food shopping. They also had discussions about selling the property and using the equity to purchase a larger family home.

Following the breakdown of their relationship, Mr B attempted to sell the property without Ms L’s knowledge. As our client was not the registered owner of the property and there was no written agreement between the parties, her consent was not required.

Claiming an interest in the property

Ms L instructed our solicitors, who promptly put all agents and conveyancers on notice of her claim of an interest in the property, and therefore her claim to the sale proceeds to the extent of her interest.

Our lawyers also wrote to Mr B and confirmed Ms L’s position, which was::

• At the time the property was purchased, it was the intention that the property was to be jointly owned. For reasons discussed between the parties at the time, it was agreed that the property would be in Mr B’s sole name.
• Our client had equally contributed to the mortgage repayments and other outgoings.
• Our client had given up her previous (rented) home, to live in the property; and
• Mr B had received a discount and car parking space, and this was our client’s contribution.

Considering all of the above, it would be unjust for our client not to receive anything from the sale and be left to start over with no interest and no payment of her interest in the property.

Settlement

Our solicitors sent a without-prejudice offer, proposing the payment to be made to our client in an attempt to settle the matter quickly and without either party incurring further legal costs.

After some negotiation, the parties reached a settlement and a settlement deed was drawn up between the parties’ solicitors. The sale of the property had proceeded, and therefore funds were available to pay our client the settlement sums agreed immediately and without the need for court proceedings.

Case study | Co-ownership property dispute

Contact our property ownership dispute solicitors

TOLATA does not only apply to romantic relationships; TOLATA can also be used to resolve property disputes between family members and other third parties, as long as they are not married.

If you’re unsure what your legal rights are when it comes to joint ownership of a property, call our team in Bristol on 0117 325 2929 or fill out our online enquiry form.