Do you own a property and want to sell it, but the other joint owner won’t agree?

 

Does your ex-partner, close family member, friend or business partner want to sell the property which you own together but you don’t want to sell?

 

Have you been cohabiting in a property which is owned solely by your partner, or other third party who wants to sell the property, and you have been paying directly towards the mortgage, or you have spent your own funds on significant home improvements? If so, you may have gained some financial rights over the property.

 

I specialise in jointly owned property disputes for non-married owners.

 

“TOLATA” stands for the Trusts of Land and Appointment of Trustees Act 1996, and it deals with disputes relating to property ownership i.e. when co-owners disagree on whether the property should be sold and how the sale proceeds should be divided.

 

TOLATA law is used when the joint property owners are unmarried do not have the benefit of those rights which are available under Matrimonial Laws. They are therefore Civil Litigation matters, falling within the framework of the Civil Procedure Rules (CPR). TOLATA cases are often misunderstood by certain legal professionals who believe that they are Family Law matters.

 

So, if you own a property with another person(s), and you cannot agree on a solution if one of you no longer wishes to be a part legal owner of the property, I can provide you with detailed advice and your available options, whatever your position.

 

I can assist you with as much or as little of the process as you need, beginning with the initial negotiations with the other owner(s) where I aim to bring an amicable and speedy resolution to the situation, up to the issue of Court proceedings, which is always the very last resort.

 

I can prepare all of the necessary documents for your application to Court to seek an Order for Sale or transfer of the property, without you having to incur the hefty legal fees which TOLATA cases bring by their very nature, before they even go to Court.

 

You then have the choice of representing yourself as a Litigant in Person if you don’t wish to incur further legal fees, or you may wish to instruct a Direct Access Barrister who is experienced in dealing with TOLATA cases. Your Barrister will represent you at Court and they may even be prepared to act for you on a No Win No Fee basis.

 

Should your case reach this stage, I can prepare the brief to your chosen Barrister in the correct format, so that they can take over your case smoothly.

 

If I can help with your dispute, please contact me for some initial, free of charge advice.