TOLATA cases

[sandgrown]

Hi any legally qualified Mumsnetters. I split from my partner of 20 years 18 months ago. I was not married to him and I am fighting for my share of the house. Mortgage was in his name but I can prove other renovation work and bills paid for and I have a restriction on the deeds banning a sale without my permission. We have tried to negotiate through solicitors with no success so I have to go to court under TOLATA rules. My question is do we have to try mediation prior to court even though we have tried to reach agreement through solicitors with no success? Thank you

[Giveitall]

TOLATA?
Please explain the acronym. Not everyone will know what it is.

[Darhon]

I was told the outcome of a course case might be to send both parties to mediation. So I tried this route first and have evidence it was refused. But if you tried the other resolution route via solicitors not sure how a lower level mediation would work out.

[Honaloulou]

@Giveitall

TOLATA?
Please explain the acronym. Not everyone will know what it is.

If people don't understand the acronym, they're probably not going to give helpful advice.

[chiffchaffchiff]

I understand the acronym and still couldn't advise OP. It's a horribly tricky area of law.

[sandgrown]

Apologies. It is Trusts of Land and Appointment of Trustees Act . @Darhon that was my thought but I believe if he refuses mediation it can affect the apportionment of costs if we go to court .

[sandgrown]

@Darhon do you mind me asking if you were successful?

[Darhon]

Not started my court process yet. I think I will be successful. If the solicitor negotiation is seen as an attempt to resolve it out of court, which it seems to be, then court would be next. However, unlike in my case where one party refused the mediation, and therefore may have to pay all the court costs, I’m not sure how the negotiation broke down in your case. Court processes are long and costly.

[cottagegardenflower]

Please try formal mediation. It is expensive but nowhere near as expensive as court. It cost us around £8000. The defendants were adamant they were having it all on their terms, even though the law was very much on our side, and they eventually caved in and we achieved a fair settlement.
Courts also take a very dim view of clients who refuse mediation. Court was looking at £100,000 in costs each with no guarantee the loser would pay.

If you were not married and not on the deeds and didn't pay the actual mortgage, its not as straightforward as you think. Remember your solicitor will put the most positive spin on your case because that is their job, to fight for a good outcome for you. The defendants in our case did not have a good case, but nevertheless their solicitors were fighting tooth an nail right up to the very end. I suspect the mediator told them they would lose in court, as their capitulation was quite unexpected!

[cottagegardenflower]

we got nowhere with solicitors letters for a whole year before mediation.

[sandgrown]

thank you for your responses @Darhon and @cottagegardenflower . It’s such a messy business . I thought I had sorted it all with solicitors when we bought the property. I was advised by the solicitor to have a restriction on the deeds that stops the property being sold without my permission. I did not know I should also have had a deed of trust detailing our shares in the property. I have been advised this could be maladministration by the solicitor so I also have to persue this . I offered ex a settlement figure way below what I feel I am entitled to as I wanted it settled but he is being obstinate!