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?
Published on: 10 March 2020
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
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