TOLATA

[sandgrown]

Hi has anybody won a case under TOLATA and was it very expensive? I was with ex for 20 years . Not on the mortgage but I have a restriction on the deeds to prevent him selling without my permission. He has paid mortgage only. I have been major contributor and supported him through sickness/ unemployment. Paid all expenses for our child and his children when they were with us. I have paid for repairs to the house. All expenses are provable. Any advice welcome

I thought TOLATA only applied to co-owned properties (which this isn't)

No I can claim a beneficial interest in the property but I have to prove it. It’s TOLATA because we are not married.

Nobody done this then?

Suggest getting in touch with Shelter who offer an online chat service covering all property issues.

I'm sure plenty have done it, but TOLATA is simply the Act that gives structure to the court's powers to make a declaration as to ownership.

Your claim involves trust law. You would need to establish the existence of either a constructive or resulting trust, or prove proprietary estoppel. these are complicated legal issues and they do not lend themselves to further explanation on a public message board. You need to take some proper legal advice.