TOLATA Application

Why Choose Perduco Law?

We Specialise In Unmarried Couples & Cohabitation Law

Perduco Law specialises in Unmarried Couples & Cohabitation Law. All of our solicitors have in depth experience in dealing with Divorce, Financial Settlements in Divorce, Child Arrangements and Domestic Abuse issues in both simple and highly complex cases.

We Only Work on a Fixed Fee Basis

At Perduco Law, we charge our clients on a Fixed Fee Basis only enabling them to know exactly what they are going to pay and what they are paying for from the outset with no hidden extras.

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We speak to you in a Language you will understand

From the moment you call us, you will see the difference in how we communicate with our clients – in easy to understand terms without all of the legal jargon. We pride ourselves in how we break everything down for our clients in both the process and the costs so you know exactly where you stand.

We Are National but We are Local

We cover the whole of the U.K. and have offices and meeting rooms in all Major Cities and Towns across the U.K. local to you.

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We Care

All of our team are passionate about what they do, and are passionate in making a difference in what are normally incredibly difficult circumstances for our clients.

We are here to support and to guide you. We’re not focused on hours – instead, we are focused on achieving the best outcome for you and your family.

Do cohabiting couples have the same rights and entitlements to property as married couples?

Cohabiting couples do not possess the same rights and entitlements to property as married couples.

As a cohabitant, you are likely to hold a likely interest in a property in one of two ways.

You’re either a joint owner, or the other cohabitant is the sole owner either directly or under a trust.

In certain situations, you may have a potential interest in the property, but this has to first be recognised in law. This is achieved through a Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) application.

I own my home jointly with my partner and they are requesting I leave the home, do I need to?

It is entirely your decision whether you choose to leave the property.  But please be aware that as a joint owner of the property, you have a right to occupy the property and you are not obliged to vacate the property.  

Can I buy my ex-partner out of her share in our property? 

If there is no outstanding mortgage and your ex-partner accepts your offer, you can buy out their share of the property.  

If you have an outstanding mortgage on the property, it is best to speak with your lender to ensure that they will consent to the transfer of the mortgage into your sole name. If so, you will be able to transfer the property into your sole name if your ex-partner accepts your offer.  

How do I buy my ex-partner out of our property? 

In order to ascertain the value of the property, the property needs to be valued.  Following this, if there is an outstanding mortgage on the property, you will need a redemption certificate from your lender confirming the amount that is outstanding on the mortgage.  

Once you have this information, subtract the amount of the outstanding mortgage from the value of the property and then divide this figure by your respective shares. 

What options do I have if I cannot afford to buy my ex-partner out of their share in the property? 

If you are unable to buy out your ex-partner, you can: 

• Await to see whether your ex-partner can purchase your share; 
• Sell the property and split the equity; 
• Speak with a mortgage broker to see if you can re-mortgage the property in your sole name to raise the funds for a buyout.
• Ask a close friend or relative to sign a guarantor mortgage with you.  This effectively means that they will agree to pay the mortgage if you don’t.  However, this is inadvisable.
• Do nothing in respect of changing the ownership. This is also inadvisable.    

Get help with applying for TOLATA

Our Family Law experts at Perduco Law can help you to establish your potential rights and entitlements to property, and also guide you through the full legal process of your application to the court.

Where your entitlements to property are not automatically granted by law, it is important to establish your claims in the court.

Talk to us today to begin that process.

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