We have succeeded in another TOLATA claim, recovering our client’s 50% interest in a property that was held in his former partner’s sole name.
Our client, who for confidentiality reasons we shall simply refer to as Y, separated from his partner, X, after 8 years together.
The couple owned two rental properties. One was registered in both their names jointly, but the other was registered in X’s sole name.
Y naturally wanted his 50% share of the property solely owned by X to be recognised, but X refused to acknowledge his interest
Y therefore consulted our team of experts. We advised him that in law X was deemed to hold the property on trust for herself and Y 50/50 and that if she wasn’t prepared to accept that then he could make a TOLATA claim. You can read more about your legal rights when separating from a partner and how TOLATA may help you here.
We contacted X, but she continued to deny Y’s interest. We therefore issued court proceedings under s14 of the Trust for Land and Appointments Act 1996: the Act that is often known simply as TOLATA.
X instructed solicitors to represent her and this in turn led to negotiations taking place. Eventually the claim was settled out of court on the basis that X would retain the property in her sole name, and pay Y his 50% share from the proceeds arising from the sale of the jointly owned property. This represented an excellent outcome for our client.
The case was dealt with by David Lees, a solicitor in our Inheritance, Wills, and Trusts Disputes team.
If you would like to speak to us about making a TOLATA claim under the Trust for Land and Appointments Act 1996 then contact us for a free case review.