Our team has extensive experience in TOLATA cases, helping clients understand their rights and options. We’ll take the time to listen to your situation, investigate the facts, and provide tailored advice to achieve the best possible outcome—whether through negotiation, mediation, or court proceedings if necessary.
With an established presence in the North East, we’re well-placed to support clients across the region and beyond. We combine expert legal advice with a personal, approachable touch to help you resolve property disputes effectively and efficiently. For other family matters arising out of separation, please speak to our family team.
Property disputes after separation can be complex, especially when emotions and financial considerations are involved. To help you understand your rights and options, we’ve compiled answers to the most frequently asked questions about resolving property issues following a breakup.
You cannot sell the property without the other owner’s consent unless you apply to court. If the other party refuses to sell, you can apply under the Trusts of Land and Appointment of Trustees Act 1996 (“TOLATA”) to ask the court to order a sale
Generally speaking, as a joint legal owner, you have equal rights to:
Your exact rights depend on whether you own the property as joint tenants or tenants in common.
Joint tenants: You both own the whole property together. If one dies, the other automatically inherits the property regardless of the will of the deceased.
Tenants in common: Each person owns a specific share (e.g. 50/50 or 70/30), which can be passed on through a will.
This matters when determining sale proceeds or inheritance rights.
There are many other ways to contribute to a property, which could entitle you to an interest in the equity. Each case is fact specific. Contact us and we can review your circumstances and advise on your behalf.
If there is a basis for you to argue that you have a beneficial interest in a property, you may apply to the court under TOLATA for a declaration of your interest. If it is found you have an interest, you may be entitled to ask the court to make an order for sale.
You may be able to claim compensation or seek an adjustment of sale proceeds to reflect unequal contributions. Keep records of what you’ve paid and try to resolve this situation, either by agreement or by court action, before it becomes unsustainable.
This is dependent upon whether you are a joint tenant or a tenant in common. If nothing was agreed, the court may presume a type of ownership. The court will also look at financial contributions and conduct.
No, the process is the same. If you are a joint owner of property, and therefore a ‘trustee’, you can utilise TOLATA.
Yes — even if you’ve already bought the property. A Deed of Trust or Co-Ownership Agreement can clarify responsibilities, shares, exit strategies, and reduce the risk of disputes.
It’s strongly recommended to involve a solicitor at an early stage, and well before a claim is started. Property and trust law can be complex, and legal advice can help protect your interests and guide you through negotiation or court proceedings.
This article does not constitute legal advice. Each case requires specific review in order for advice to be provided. Please get in touch with our specialists who will be glad to help with any queries relating to joint ownership of property disputes.
