At Marlborough Law, we frequently assist clients who find themselves in property disputes, particularly when relationships break down. One of the key legal frameworks that comes into play in such situations is TOLATA—the Trusts of Land and Appointment of Trustees Act 1996.

In our latest podcast episode, our legal team tackled a series of tough questions on TOLATA claims, beneficial interests, and property disputes. Here, we break down the key points from our discussion.

What is TOLATA and Why Was It Introduced?

TOLATA was introduced in 1996 to provide legal protection for individuals who have a beneficial interest in a property, even if their name is not on the title deeds. Historically, property ownership laws were designed with married couples in mind, but with more people choosing to cohabit rather than marry, the law needed to evolve.

TOLATA allows individuals to assert their rights over a property they have financially contributed to, even if they are not the legal owner. It is often used in disputes where one partner is excluded from a property they helped maintain or pay for.

If you are facing a property dispute or would like to set up a Declaration of Trust, our expert team at Marlborough Law is here to help. Contact us today for a consultation!