Our team regularly acts in cohabitation disputes concerning the ownership of property and other assets. These cases usually fall under the Trusts of Land and Appointment of Trustees Act (TOLATA) 1996.
Cohabitants do not have the same rights to make property claims as married couples therefore, disputes regarding interests in property are determined in accordance with the law of trusts. These cases require a detailed analysis of any declaration of trust, contributions to the property (financial and otherwise), and the parties’ intentions.
Our barristers are experts in providing practical advice at an early stage with an aim to achieve a fair and equitable distribution of assets and avoid spiralling costs. If early settlement cannot be achieved, the team are specialists in drafting letters before action, Part 36 Offers, Particulars of Claim/Defence and witness statements for these types of claim.