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 be held in equal 50% shares and there was no agreement otherwise.

The matter went to trial, and with Dean’s representation his client was successful in establishing that the property was held in equal shares. Following sale the proceeds were divided equally.