Civil Partnership & Cohabitation Dispute

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Our Barristers have significant experience in cases involving property and financial disputes where the parties’ relationship means that divorce and matrimonial finance law doesn’t apply (eg they are not married). These cases nearly always fall under the Trusts of Land and Appointment of Trustees Act (TOLATA).

Where a relationship has broken down but the parties are not married – whether they are of the same sex and in a Civil Partnership or because there is no legal relationship other than their having been living together in a home that they both contributed to one way or another, a case may involve:

  • Property claims between unmarried and same sex couples including TOLATA claims
  • Financial remedies on the dissolution of Civil Partnerships
  • Declarations of Trust
  • Constructive Trust

Becket Chambers TOLATA specialists have experience of cases involving multiple properties, Land Registry errors, and cases arising out of issues concerning contribution to shared property and equitable accounting.

Our Barristers are available to advise and draft documents as well as providing representation during proceedings.

Case Studies

Protecting a property owner’s interests

Holly acted for a property owner in a case in which his late daughter’s partner was claiming a share of a property. The owner had allowed his daughter and her family to live in the property for over 20 years, and the claimant lived there by virtue of his relationship with the daughter. The claimant Continue reading

Protecting a 50% share in a property

Dean represented a client whose ex-partner brought a TOLATA claim against her. Her former partner was seeking an order that the property they jointly owned should in fact be owned 70% in his favour and 30% in her favour, claiming that they had reached this agreement between them. Dean’s client maintained that the property should Continue reading

Obtaining share of property

Philip acted for a client attempting to obtain a share of a property which was in the other side’s sole name. Despite this, Philip was successful in obtaining by far the greater proportion of the beneficial interest for his client.

Retaining ownership of property

Dean represented a woman in proceedings in which her ex-partner was seeking to establish an interest in the home where parties had resided during the relationship. The property was registered in the sole name of the client, however, her ex-partner sought to argue that as a result of his having made mortgage payments he was Continue reading

Female partner awarded 50% share in property

Dean represented a woman in a dispute with her ex-partner over ownership of a property they jointly owned. The client sought a 50% share of the property, whereas, whilst her partner accepted that she had an interest in the property, he valued it at 10% of its value. Following conclusion of the proceedings Dean’s client Continue reading

Civil Partnership & Cohabitation Dispute Articles

3 things collaborative law training taught me

A few weeks ago I attended the Resolution training on collaborative law.  For those not acquainted with the concept, collaborative practice looks for a client-led solution to family disputes, with both sides being represented and agreeing their own arrangements at a series of four-way meetings.  The lawyers and parties sign a commitment to work collaboratively, Continue reading

Civil Partnership & Cohabitation Dispute Testimonials

I wish to thank you for an excellent outcome at yesterday’s Multi-track TOLATA case, my client was delighted with the outcome. Your very thorough preparation was clearly evident in your excellent Skeleton Argument.

Well done and I look forward to working again with you in the future.

Mr G from Solicitors instructing Holly Coates – April 16