Understanding TOLATA claims
TOLATA claims commonly arise between unmarried couples, family members or business partners who jointly own property, or where one party claims a beneficial interest despite not being named on the legal title.
Unlike divorce proceedings, there is no automatic legal framework for dividing property between unmarried couples. Instead, disputes are determined based on property law principles, financial contributions, and the intentions of the parties.
Common issues include:
- Disputes over who owns what share of a property
- Claims for a beneficial interest where one party is not on the title
- Disagreements about sale of the property
- Recovery of financial contributions
- Disputes following relationship breakdown
The Court has the power to determine ownership shares and, in some cases, order the sale of the property.
TOLATA claims can be complex and evidence based. Early legal advice can help clarify your position and explore options for resolution.
How we can help
Assessing your legal interest
We review title documents, financial contributions and relevant evidence to advise on your position.
Advising on beneficial interest claims
We assess whether you may have a claim to a share in a property.
Negotiating settlement
We seek to resolve disputes through negotiation or mediation where possible.
Applications for sale
We advise on and pursue Court applications for sale where agreement cannot be reached.
Defending TOLATA claims
We represent clients responding to claims brought against them.
Court representation
We provide clear, strategic representation throughout TOLATA proceedings.
