Trusts and estates disputes

Property ownership dispute resolution

If you are involved in a dispute with a non-marital partner over a jointly owned property, our specialised team of property dispute lawyers is here to provide expert guidance. Whether you're managing high-value real estate portfolios or facing complex ownership challenges, we offer unparalleled expertise under the Trusts of Land and Appointment of Trustees Act (TOLATA 1996).

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The team is great at all levels and can handle matters of any size. A particular strength with Howard Kennedy is the fact that where the issues in a case cross over into different areas – someone from the relevant Howard Kennedy team can be brought in to assist. The firm is very good at using its full range of expertise.

Legal 500
2024

Our experienced legal team represents a diverse range of clients, including high-net-worth individuals (HNWI), international investors, business partners, families, and friends with shared property interests.

We handle a wide variety of property ownership disputes, including:

  • Tenants in common disagreements
  • Co-ownership conflicts
  • Disputes over the sale of property or the division of proceeds
  • Property trusts and land ownership issues
  • Court representation for property disputes

Our legal services are particularly beneficial for international clients with UK property interests, navigating the nuances of cross-border property disputes and ensuring that your global assets are safeguarded.

Unmarried couples or cohabitating partners have fewer automatic legal protections compared to married couples, especially in property disputes. The rights of individuals in these situations are primarily governed by the Trusts of Land and Appointment of Trustees Act (TOLATA 1996). This legislation determines how jointly owned property is managed and how disputes between co-owners are resolved, particularly in situations where a formal agreement was never established.

What is TOLATA?

The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) is the key legal framework that governs property ownership disputes, particularly when property is held in trust. It provides essential guidelines for trustees and beneficiaries, ensuring that the interests of all parties are protected. TOLATA is often used to settle disputes over shared property, especially when it comes to high-value assets and intricate ownership structures.


Why Choose us for your TOLATA Enquiries?

We offer bespoke legal solutions tailored specifically to the needs of high-net-worth individuals, including those with international property portfolios. Here's why clients trust us with their most complex property disputes:

  • Specialised Expertise: Our lawyers are well-versed in TOLATA and have extensive experience handling high-stakes property ownership conflicts.
  • Cross-Departmental Approach: We collaborate across departments to provide comprehensive legal solutions, combining expertise in property law, trust law, and international tax planning.
  • Personalised Service: We take a client-first approach, offering strategies uniquely tailored to your specific circumstances, whether you are dealing with UK or international property.
  • Global Reach: We understand the complexities of cross-border property disputes and offer services for clients with international investments, ensuring that your interests are protected across jurisdictions.

With our expertise in TOLATA, we confidently navigate the intricacies of property disputes, safeguarding your assets and securing the best possible outcome for your situation. Contact us today to discuss your case and how we can assist you in resolving your property dispute under TOLATA.

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FAQs:

Questions you might have about your co-ownership property dispute.

  • Can I claim property rights if I'm not married?

    Yes, you can claim property rights even if you're not married, but the process is different from that of married couples. TOLATA allows cohabitating partners, friends, or family members to assert their interests in jointly owned properties, particularly if there is no formal ownership agreement. We can guide you through this complex process and protect your financial interests.

  • How are property disputes between co-owners resolved?

    Property disputes between co-owners are typically resolved through negotiation or, if necessary, court proceedings under TOLATA. The court can order the sale of the property, determine ownership shares, or provide other remedies. Our team specialises in resolving high-value property ownership disputes, both in the UK and internationally, ensuring that your assets are protected.

  • What are my rights if I co-own property with someone internationally?

    If you co-own property in the UK or internationally, your rights will depend on the jurisdiction governing the property and the terms of the ownership. TOLATA applies to UK property, but international properties can involve different legal systems. Our team is experienced in navigating cross-border property disputes, ensuring that your rights and investments are safeguarded across multiple jurisdictions.

  • How long does it take to resolve a TOLATA property dispute?

    The timeline for resolving a TOLATA property dispute depends on the complexity of the case and whether the parties can reach an agreement without going to court. On average, disputes that go to court may take several months to over a year. Our goal is to resolve disputes as efficiently as possible while protecting your interests, whether through negotiation or litigation.

  • Can I force the sale of a jointly owned property?

    Yes, under TOLATA, a co-owner of a property can apply to the court for an order to sell the property if the other party refuses to agree. The court will consider several factors, such as the intentions of the parties when purchasing the property, before making a decision. Our experienced legal team can help guide you through this process and represent your interests in court.

  • What happens if one co-owner wants to sell but the other doesn't?

    If one co-owner wants to sell and the other does not, a TOLATA claim can be filed to resolve the dispute. The court may order the sale of the property or determine how ownership interests are handled. We specialise in handling these complex cases, especially when high-value assets are involved, ensuring that your financial interests are protected.

  • How does the court decide who gets what share of the property?

    When determining ownership shares, the court will look at factors such as contributions to the purchase price, mortgage payments, and any agreements between the parties. If there is no formal ownership agreement, the court may decide based on the conduct of the parties. Our team will work to present the strongest case possible to ensure your fair share of the property.

  • Do I need to go to court to resolve a property dispute?

    Not necessarily. Many property disputes can be resolved through negotiation or mediation without the need for court proceedings. However, if negotiations fail, TOLATA provides a legal framework for resolving disputes in court. Our team is skilled at both negotiating settlements and representing clients in court when necessary.

  • How much does it cost to resolve a TOLATA dispute?

    The cost of resolving a TOLATA dispute varies depending on the complexity of the case, whether it involves international property, and whether the case goes to court. We offer a tailored approach to each client's situation, and we can provide a clear estimate of legal costs after an initial consultation.

Related services

Discover how our expert legal team can assist with a variety of property and family law matters. From divorce to real estate disputes, we offer tailored solutions to meet your needs. Our services include:

Our Team

Meet our dedicated team of legal experts, committed to providing exceptional service and tailored solutions. With extensive experience in property and family law, our professionals are here to guide you through every step of your legal journey.

Not sure who to contact? Request a consultation by clicking on the button below and we will assign you to the team suited to your needs. 

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