May 18, 2022
Marriage is certainly on the decline. Data from the office for national statistics shows that the latest marriage rates are the lowest on record. Couples no longer consider it necessary to marry before they have children or buy property together. But what happens to jointly owned property when couples who are not married separate?
Most people in this situation are surprised to find out that the legislation in England and Wales that governs this situation is completely unrelated to family law and they are not protected by the Matrimonial Causes Act 1973.
The issue between the separating couple would essentially be a dispute over property ownership. Therefore, the legislation that assists is the Trusts of Land and Appointment of Trustees Act 1996 (also known as TOLATA).
TOLATA gives courts certain powers to resolve property disputes between unmarried couples. The court is asked to determine who are the legal and beneficial owners of a property and in what proportions.
A TOLATA claim can be issued to determine:
TOLATA limits a court to deciding on co-ownership of property. It does not give the court the power to:
A TOLATA application is usually made by a person who is a co-owner or a person who has a beneficial interest in a property.
Even though these are less common, there are also other parties that can make an application:
If you require any assistance in relation to jointly owned property, then please contact us.
For legal advice on family law
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