TOLATA Claims

Before starting a TOLATA claim, it’s a good idea to consider whether you’ll be able to settle your dispute out of court. This is a gentler way of sorting things out, and can be a much better option if you and your ex-partner have children together.

The most common ways of settling TOLATA claims out of court are through:

• Mediation - This is where you use an impartial specialist called a mediator to help you come to an agreement.
• Solicitor negotiation - This is where your solicitors will work with you both to negotiate a settlement.

Our family law solicitors are experts in this area and could help save you money, and unnecessary stress.

If you’re unable to settle your dispute out of court, the process for making a TOLATA claim is:

1. Letter Before Claim - This is a letter that sets out your case – ideally with evidence to support it.
2. Response - After receiving the letter your ex-partner has a short period to respond and set out their case.
3. Early settlement - At this point it may still be possible to settle your claim without going to court.
4. Court - If you can’t settle your claim out of court, then you can make a claim for the Court to decide.

How long this process takes will very much depend on your specific situation. This can include how complex your case is, as well as how willing you both are to negotiate. Our solicitors are experts in negotiation, as well as the Court process. We can help you make or defend a TOLATA claim.

We have one of the largest family law teams in the UK, with solicitors who specialise in TOLATA claims. We work across the country, so we can help you wherever you live.

Proving that someone has a financial interest in a property they don’t own can involve very technical legal arguments. So it’s important that you have the experts on your side to get the best outcome.

Alongside TOLATA claims, we often also find that unmarried couples were badly advised by a solicitor when a property was purchased, in terms of protecting their individual interests. In these situations we can help you make a professional negligence claim too, where appropriate.

We understand that things can get even more complex when children are involved. We’re skilled negotiators, and will do everything we can to try and settle the claim out of court, with a minimum of fuss. However, where we need to go to Court, rest assured that we have the experience to get you the best possible result.