Everything You Need To Know
In looking at the claim the factors that should be considered are:
1. Did the parties ever talk about ownership. 2. In the absence of express discussion, a common intention will generally only be inferred if someone has contributed towards the acquisition costs.
TOLATA Claim Proceedings
- A party may hold the property in their sole name on a constructive trust for two or more. - A claim that a property is held on constructive trust is based on the common intention of the parties, coupled with detrimental reliance by the person claiming an interest.
- Express common intention may arise where the parties have had discussions and agreed it between them. – The rationale being that the owner would not give an excuse at all if it were not the intention that the parties should share the property.
Quantification generally is as per the agreement but if no agreement was reached, then the quantification is by analysis of the whole course of dealing between them.
It is by way of Part 8 claim form with a statement in support setting out the factual evidence and documents in support. The response is usually by way of a statement in response. Thereafter the matter is referred to a Case Management Conference. The Court direct the steps that the parties must take to bring the matter to trial.
A ToLATA claim can be a complex matter. Our team are highly experienced in dealing with all manner of estate disputes and after listening to your claim, will be able to advise you on the best course of action for you. Talk to Tollers today.