Cohabitation / TOLATA / Property dispute resolution

Very few family lawyers know more about property than me

Thanks to my 25 years as a Property partner in a London Law Firm, I offer my clients a more expert view of property matters than most family lawyers.

This is important because property is usually a couples’ largest asset, so there’s no surprise it’s often the focus of some dispute when a relationship breaks down.

This is particularly common if:

• One partner has contributed more financially
• One partner considers they have increased the property’s value through improvements
• The property is in the name of one of you – not both of you

Claims and interest in property are really technical and hard to understand as property law applies rather than family law. Luckily for my clients I have over 25 years’ property law experience and vast experience of these disputes as a Mediator and Lawyer.

The stakes are high in these cases as the loser pays the winner’s legal costs. That’s why so many people in this predicament choose to consult a Property Dispute Mediator such as myself.

Taking a property matter through the Court is stressful, costly and time-consuming. I can help you with this though skilful legal negotiation, so that your equity isn’t soaked up by legal costs.

Property Dispute Resolution

I can act for you through the legal process. Through skilful negotiation, I can reach an agreement at any stage during the legal process which is then formalised through a Consent Order which I will draft for you. If an agreement cannot be reached, then the dispute will go to court.

Property Dispute Resolution with Co-Habiting Couples

If you have been co-habiting (living together but unmarried) you have little protection in family law.

(iii) “Joint names” cases

If a property is held in joint names at law, the outcome will be equal ownership of the equity unless one party is able to show that the joint intention was otherwise. This can be an uphill struggle and leads to high costs. Contributing unequally does not necessarily mean unequal ownership.

(ii) “Sole name “cases

If your name is not on the title you have to establish an “interest”.

(iii) Procedural overview

One needs to read the Civil Procedure Rules and the Practice Directions carefully.

I recommend that you:

• Take legal advice at an early-stage and get an assessment of the merits of your case
• Try to get funding. It’s unlikely you will qualify for legal aid
• Try to resolve the issue through mediation
• Don’t try to act for yourself. It’s a minefield and could bankrupt you