Who can bring a claim under TOLATA?

Under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), claims can be issued by a range of persons, this can include co-owners of a property, individuals with a beneficial interest in the property, trustees, those with an interest in the land, unmarried couples, cohabiting partners, family members, or business partners who have a stake in the property. 

In circumstances where a property is registered in the name of only one party, under TOLATA, you may be able to make a claim for a beneficial interest in the property if you can demonstrate that you have made significant contributions to the property, such as paying towards the mortgage, renovations, or household expenses, and have a legitimate expectation of benefitting from the property. Establishing a beneficial interest in a property under Trust Law, is principally achieved using one of the following methods: – 

  1. Constructive Trust: If you can show that there was an agreement or understanding between you and your partner that you would have a share in the property, even though it is in your partner’s name, you may be able to argue for a constructive trust. This would entitle you to a share in the property’s value corresponding to your contributions and expectations.
  2. Resulting Trust: Similarly, if you can demonstrate that you contributed financially to the property with the intention of acquiring a beneficial interest, you may be able to claim a resulting trust, which would entitle you to a share in the property’s value proportionate to your contributions.
  3. Proprietary Estoppel: You may also have a claim under the principle of ‘unjust enrichment’ if you can show that it would be unfair for your partner to retain sole ownership of the property without compensating you for your contributions.

It’s essential to seek legal advice from a solicitor experienced in property and family law to assess your individual circumstances and determine the strength of your claim. They can provide guidance on your legal rights and options for pursuing a claim to the property or its value

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