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An Article by Vijaya Sumputh, Head of Family Law Department at Curwens LLP

While it is obvious that joint assets would be divided upon the separation of married couples, there are similar issues to be resolved when unmarried couples separate as well.

It is always important that people know their rights (and their responsibilities), so if amicable discussion cannot bring both parties to a satisfactory settlement, you may be eligible to file a “TOLATA” claim if either you, your ex-partner, or you both jointly own the property you lived in. Our Family Law Team have expertise bringing and defending TOLATA lawsuits, and they are specialists in this intricate area of the law.

What is TOLATA?

In cases of property disputes between unmarried spouses, the Court has the authority to make decisions thanks to the Trusts of Land and Appointment of Trustees Act (TOLATA). The Court has the authority to rule on:

• The ownership of a property
• Who is allowed to reside in the property.

Even if your name is not on the property's deeds, the law still enables you to make a claim through TOLATA.

Despite being a firm of solicitors, we would not recommend litigation as the first port of call. It's a good idea to think about whether you can resolve your dispute out of court before filing a TOLATA claim through:

• Mediation: In order to reach a consensus, you can engage the services of an unbiased professional known as a mediator.
• Negotiated Settlement: In this scenario, lawyers representing both you and your ex-partner will collaborate to reach an acceptable settlement on your behalf.

Our family law team are professionals in this field and can help you avoid needless stress and financial loss. However, if mediation and negotiation are unsuccessful, then you may need to rely on the courts for a fair resolution. How long this process takes is dependent upon your particular circumstances, the complexity of your situation and the willingness of both of you to compromise.

It can take quite complex legal arguments to demonstrate that someone has a financial interest in real estate that they do not own. Thus, in order to achieve the finest results, it's essential that you have experts on your side.

In addition to TOLATA claims, we frequently discover that people are given poor advice by their lawyer when buying a property or beginning to cohabitate - with regard to safeguarding their own interests. If we find this to be the case, we can advise you as to whether filing a claim for professional negligence in these circumstances is appropriate.

We are aware that when kids are involved, things can get even more complicated. Being adept negotiators, we will make every effort to attempt a quick and amicable settlement of the dispute outside of court. But if we have to go to court, you can be sure that we have the experience to get you the best possible result.

Curwens has an experienced team of Family lawyers, and litigators, who can advise you and discuss your needs with you. We can provide you with a frank and honest assessment of your claim and help you to get a fair resolution. To find out more, please email Vijaya Sumputh - This email address is being protected from spambots. You need JavaScript enabled to view it. or call her on 020 8363 4444.