Q&As

Where a joint owner wishes to make an application under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) and an application has already been made by the other joint owner under Schedule 1 to the Children Act 1989, should TOLATA 1996 application be made under CPR 7 rather than CPR 8?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 24/02/2021

The following Family Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Where a joint owner wishes to make an application under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) and an application has already been made by the other joint owner under Schedule 1 to the Children Act 1989, should TOLATA 1996 application be made under CPR 7 rather than CPR 8?

It is fairly common that where unmarried parents separate, the court will be faced with cross-applications under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) and Schedule 1 to the Children Act 1989 (ChA 1989). TOLATA 1996 allows the court to make orders relating to a trust of land, including the power to declare the beneficial interests of the parties (where one party seeks to contend that the true beneficial ownership of the property differs from the legal ownership) and for the sale of property (TOLATA 1996, s 14), with the court considering all of the circumstances and in particular the matters set out in TOLATA 1996, s 15. ChA 1989, Sch 1 cl

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