Q&As

An unmarried couple jointly own a property and following the breakdown of the relationship one party wishes to remain in that property with the children of the relationship until they are 18 years old. On an application under the Trusts of Land and Appointment of Trustees Act 1996, would the court have regard to that wish and the needs of the children? Would the approach be different if the children are not the children of both parties? Would there be any advantage in waiting until the other party makes an application under the TOLATA 1996 and then defending that application, or in issuing an application under Schedule 1 to the Children Act 1989?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 10 March 2020
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The courts have the power pursuant to the Trusts of Land and appointment of Trustees Act 1996 (TOLATA 1996) to declare the beneficial interests of parties in property. The beneficial interest in a property is the 'true' ownership, distinct from the 'paper' ownership of who is registered at HM Land Registry as the registered proprietor(s). Such claims are commonly seen where parties

Chris Bryden
Chris Bryden

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom
Key definition:
Child definition
What does Child mean?

A person under the age of 18.

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