Clough & Willis launches new TOLATA Disputes Service

In response to increasing client demand, Bury and Bolton law firm Clough & Willis has launched a dedicated TOLATA Disputes Service that aims to help unmarried partners solve property disputes following relationship breakdowns.

TOLATA is short for the Trusts of Land and Appointment of Trustees Act 1996. It gives the Court the power to make decisions on the ownership of a property and who can remain in it. It is usually used if a Co-Habitation Agreement is not in place.

TOLATA claims can be made if a property is jointly owned or if it is held one person’s name. If it is jointly owned, TOLATA can determine whether it should be sold if one party refuses to sell; and it can calculate the respective beneficial shares which each co-owner is entitled to from the sale proceeds when a property is sold.

If a property is held in one co-habitee’s name, TOLATA can determine whether the other person has a Beneficial Interest in the property, even though their name is not on the legal title.

The service launch follows the recent appointment of Gary Hall as a litigation solicitor. Alongside TOLATA disputes, Gary also specialises in contested probate, individual and commercial debt, residential landlord and tenant, Japanese knotweed claims, county court judgements, neighbour disputes and insurance claims.   

Commenting on the launch, Gary said: “As a business, we are seeing more and more unmarried clients coming through the door whose relationships are breaking down but don’t have Co-Habitation Agreements in place. That can be incredibly stressful, so we want our TOLATA Disputes Service to be there to help and to ultimately deliver a mutually beneficial outcome for all those involved.”