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 following bankruptcy

Dean represented the Claimant in a TOLATA dispute against a Trustee in Bankruptcy. The client’s father had previously purchased a property which, on the client’s case, was always intended to be held on trust for the client. However the title was not registered as such. Unfortunately the client’s father was subsequently made bankrupt and the Continue reading

Negotiation and mediation avoid lengthy court proceedings

Dean represented the claimant in a property dispute under the Trusts of Land and Appointments of Trustees Act 1996. The proceedings also included a claim against the sums removed by the opposing party from a joint bank account. Dean was instructed to advise the claimant and draft the pleadings in the case as well as Continue reading

Achieving an Order for Sale for a co-habitee

Melanie represented the Applicant, a former co-habitee, at a directions appointment. Her client was seeking an Order for sale of the property and equitable accounting in respect of half the rent [LC1] for the previous three years. A Final Order negotiated whereby the Court approved the Order the Applicant was seeking.  

Securing 50% of property following an abusive relationship

Dean represented a client in a dispute over shares of a property they had purchased as their home together with their former partner. Dean’s client had fled the property several years ago in order to avoid an abusive relationship, and now sought an order that the property should be sold and the proceeds be divided Continue reading

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

Civil Partnership & Cohabitation Dispute Articles

When Civil met Family: how to deal with TOLATA claims in Financial Provision cases

The Family Court is seeing an increasing number of cases where property is (or is asserted to be) owned by a third party.  As more parents assist children with purchasing a home or friends buy with friends, it is ever more likely that a financial provision case will involve consideration of who owns what.  Here 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