TOLATA

[sandgrown]

I am trying to get my share of the house I had with ex partner of 20 years . I have to apply under TOLATA. I understand I need to attend mediation before the court will consider the case even though we have tried to settle using solicitors. Does anyone know if this is true ? Thank you

You can apply to the court under part 7 tolata for an order of sale of the property using a part 7 form. You can prepare a statement to go with the application where you can state you have been unable to reach an agreement so are requesting the court's ruling. Be specific and concise about what you are requesting financially and how the property is held- ie joint tenants or tenants in common if it is still mortgaged.

You need to serve a copy of the application and supporting statement on your ex - email is good or post but get proof they have been sent. He will have a right to respond and the court will set a hearing date. In the meantime get your documents together - any statements, mortgage statements that will support your statement that goes with your application- house valuations, etc.

No, it isn't true.

The pre action protocol requires you to consider non court methods (ADR) but it isn't like divorce financial claims where you need to have a form signed off by a mediator in order to issue.

Thank you both . The mediator did say that If ex refused to engage they would prepare a letter for the courts and this may have a bearing on costs .

It's always good to have tried mediation.

I am in a similar but reverse situation, so am wondering how your mediation went? I bought my house nearly 8 years ago, in my sole name and mortgage. About 2 years later my then partner moved in, he only ever paid his share of food, gas elec etc, never towards the mortgage. He did pay for some bits of DIY but nothing enormous. He did ask me to marry him when I was diagnosed with cancer, I agreed only to a non legal ceremony, a symbolic one as it were as I did not want to be legally tied to someone I had barely just met when he had literally nothing. We split up almost 2 years ago, I made him leave my house and we parted ways, he was pretty obnoxious and during his time here he did damage to the house and was mentally abusive (hence why I eventually pulled my boots up and got the courage to end it). Earlier this year he saw my house up for sale (he moved in with his new meal ticket within 3 months of leaving my house btw) and has come after me through solicitors for 25% of the equity, which equates to about £100k give or take. I am contesting this as I never agreed to marry him, which we didnt anyway - he is claiming I did agree to it (he has no proof as non exists) and that he would not have contributed to the house had there not been an agreement in trust etc etc. So we are banging up against a tolata claim and reached no agreement through legal correspondence as I am flat out refusing that he has a case, he even signed a letter to this effect when he left, but now says he was emotionally distraught and did not intend it to mean he had no claim. Despite leaving it 2 years to come back once he saw the house for sale. (wnker). That and before he signed the letter he had already subscribed to an online dating site so hardly distraught! Sorry... long preamble here, but I was wondering @sandgrown* if you had gone to mediation and what happened, what to expect etc? My ex is lying through his teeth so far so I don't know how it will pan out with that situation. My solicitor has said mediation or ADR needs to be done to show willingness to settle before we head down the horribly expensive and stressful court route. Thank you, M

@MAHTwenty4 . I have not managed the mediation yet as I have not been able to afford it . We originally used solicitors who were useless. The mediation is much cheaper than solicitors ( or the company I spoke to was) and I was told if my ex refused to engage a letter would be sent to the court . This could have an effect who would be responsible for the costs . Because TOLATA cases can be very expensive I think they want all avenues to be tried first . I think your partner sounds a real cheeky **er . I am amazed your solicitor even thinks he has a chance . Hope your solicitor is not just looking at his big potential fee. My situation is slightly different as I paid all bills .all childcare to enable us to work , some renovations and kept us going when he was sacked .I have to prove my input but I do have the evidence I am going to do the case myself with the help of a legally qualified friend and employ a “day” barrister if it actually gets to court.