Who can make the claim?
TOLATA claims can be made by any individuals that have an interest in the property. They are primarily used by cohabiting couples who jointly own a property together. Since cohabiting couples are not as legally protected as married couples, other factors will be taken into account when a relationship ends.
This process will be a lot smoother if there is an existence of a cohabitation agreement which outlines how the property is owned and what should happen to it in the event that the relationship breaks down.
Types of TOLATA Claims include:
- Request for the sale of the property – One party may seek a court order to sell the property, especially if there is a disagreement about its use or if one party wishes to liquidate their investment.
- Declaration of the beneficial ownership – Parties can request the court to determine their respective beneficial interests in the property, clarifying ownership rights based on financial contributions or agreements.
- Application for permission to occupy the property – A claim can be made for an occupation order, allowing one party to remain in the property while restricting the other’s access.
The Process
✓ Pre-Action Steps – Before starting a claim it is always important to try and resolve the dispute amicably through negotiation or mediation. This can avoid the need for court involvement and save a lot of money.
✓ Filing the claim – If the negotiations fail then the claim is then made to the appropriate court which involves filling out the relevant forms and paying the required fees.
✓ Serving the claim – The claimant serves the claim to the defendant outlining the relevant facts and ensuring they are aware of the proceedings.
✓ Response from Defendant – The defendant will then have the opportunity to respond to the claim by writing back with the defence.
✓ Case Management – The court will then manage the case, setting timelines for submissions and potentially scheduling a case management hearing to discuss the case.
✓ Trial – If the dispute cannot be solved through negotiation or mediation then the case will proceed to trial where both parties present their evidence and arguments before a judge.
✓ Judgement – After considering the evidence, the court will issue a judgement determining the rights and interests of the parties involved in the property. This can, however, take a very long time and can become very expensive which is why it is recommended that the parties try to resolve this matter through negotiation and mediation to save on costs and time.
How long does it take?
The length of time required for a TOLATA claim varies based on the specifics of each case. Where a couple can agree on negotiation, the overall process will not take long and can be completed between a couple of months. If you are unable to come to a satisfactory conclusion through negotiations and the case goes to court, it can take anywhere from a couple of months to a few years for a judgement to be made. Once our solicitors have been instructed and have begun on your case, we will be able to give you a more accurate estimation of your file’s timeframe.
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