Child Law
TOLATA Application
We are a dynamic team of expert Family & Divorce Lawyers committed to delivering results for our clients not hours on a time sheet. Our groundbreaking innovative fee structure and stage by stage process enables our lawyers to focus on you and your family getting you the results you need whilst giving you peace of mind of knowing exactly what your legal costs are going to be.
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With a solicitor, call us now on:
0330 175 7600
Please note that we cannot offer Legal aid.
Why Choose Perduco Law?
We Specialise In Unmarried Couples & Cohabitation Law
Perduco Law specialises in Unmarried Couples & Cohabitation Law. All of our solicitors have in depth experience in dealing with Divorce, Financial Settlements in Divorce, Child Arrangements and Domestic Abuse issues in both simple and highly complex cases.
We work on a fixed fee billing model not on hourly rates
At Perduco Law, we charge our clients a one time fixed fee, which clients can spread over 12 months interests free. This enables our clients to know exactly what they’re going to pay and what they paying for from onset of their case, get rid off the stage. This guarantees that you won’t waste legal fees with no good outcome as it happens with traditional hourly rates firms. View our fees
We speak to you in a Language you will understand
From the moment you call us, you will see the difference in how we communicate with our clients – in easy to understand terms without all of the legal jargon. We pride ourselves in how we break everything down for our clients in both the process and the costs so you know exactly where you stand.
We Stand Out from the Crowd
We are a new breed of law firm created for one reason; to simplify the legal process and charge you a fair and transparent outcome based price. From the outset, we will tell you what is going to happen, stage by stage, how we are going to progress and resolve your case and what we are going to charge you for doing so. Our solicitors are targeted to resolve your case, not to bill hours.
We Care
All of our team are passionate about what they do, and are there to support you throughout what are normally incredibly difficult circumstances for our clients. We are here to guide you and resolve your matter. We are not focused on hours – instead, we are focused on achieving the best outcome for you and your family.
Do cohabiting couples have the same rights and entitlements to property as married couples?
Cohabiting couples do not possess the same rights and entitlements to property as married couples.
As a cohabitant, you are likely to hold a likely interest in a property in one of two ways.
You’re either a joint owner, or the other cohabitant is the sole owner either directly or under a trust.
In certain situations, you may have a potential interest in the property, but this has to first be recognised in law. This is achieved through a Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) application.
I own my home jointly with my partner and they are requesting I leave the home, do I need to?
It is entirely your decision whether you choose to leave the property. But please be aware that as a joint owner of the property, you have a right to occupy the property and you are not obliged to vacate the property.
Can I buy my ex-partner out of her share in our property?
If there is no outstanding mortgage and your ex-partner accepts your offer, you can buy out their share of the property.
If you have an outstanding mortgage on the property, it is best to speak with your lender to ensure that they will consent to the transfer of the mortgage into your sole name. If so, you will be able to transfer the property into your sole name if your ex-partner accepts your offer.
How do I buy my ex-partner out of our property?
In order to ascertain the value of the property, the property needs to be valued. Following this, if there is an outstanding mortgage on the property, you will need a redemption certificate from your lender confirming the amount that is outstanding on the mortgage.
Once you have this information, subtract the amount of the outstanding mortgage from the value of the property and then divide this figure by your respective shares.
What options do I have if I cannot afford to buy my ex-partner out of their share in the property?
If you are unable to buy out your ex-partner, you can:
- Await to see whether your ex-partner can purchase your share;
- Sell the property and split the equity;
- Speak with a mortgage broker to see if you can re-mortgage the property in your sole name to raise the funds for a buyout.
- Ask a close friend or relative to sign a guarantor mortgage with you. This effectively means that they will agree to pay the mortgage if you don’t. However, this is inadvisable.
- Do nothing in respect of changing the ownership. This is also inadvisable.
Get help with applying for TOLATA
Our Family Law experts at Perduco Law can help you to establish your potential rights and entitlements to property, and also guide you through the full legal process of your application to the court.
Where your entitlements to property are not automatically granted by law, it is important to establish your claims in the court.
Talk to us today to begin that process.
Our Simple Process
Book your Case Discovery Meeting with one of our Unmarried Couples & Cohabitation Solicitors
Call now to book your case discovery meeting. If we can help, we will arrange an appointment with one of our expert solicitors.
Discuss your issue with our Unmarried Couples & Cohabitation Solicitors
During your case discovery meeting with a solicitor, they will assess your case and give you a comprehensive road map of your case and the potential outcomes.
Receive your Quote
You will swiftly receive a tailored quote showing exactly what we are going to do for you and how that is going to progress your case with all of the potential outcomes in your case, with no hourly fees, no hidden extras, and no unwanted surprises.
Choose our Unmarried Couples & Cohabitation Solicitors to represent you
Our experienced solicitors will help you with your child law matter.
“The advice and turnaround time provided was excellent.”
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Questions about our Family Law Services
Why choose Perduco Law Solicitors?
We charge a fixed fee for our service. That means you know exactly what you’re going to pay before starting the process, regardless of how long it lasts. Furthermore, we are a firm of regulated solicitors (regulated by the Solicitors Regulation Authority) meaning there are more protections for you as our client.
What will my caseworker do on my behalf?
Your dedicated caseworker will do all the legal legwork for the full duration of your case. We will keep you informed of any changes and advise you on the next steps to ensure there are no surprises.
Why do you offer a fixed fee service?
We offer a fixed-fee service to safeguard you from the mounting hourly fees that a traditional legal firm may surprise you with. We also believe it promotes a transparent relationship between our team and you, the client.
What if children are involved?
Unmarried parents do not automatically inherit the same legal rights and entitlements of married parents, when they divorce. This can create additional administrative tasks and court filings that arrive at an already stressful timer.
Our team at Perduco Law cam manage your court applications to ensure that your children are well catered for, and you are not left to shoulder the cost burden of your family alone.
Rights and entitlements to property
Perduco Law can help you to establish your potential rights and entitlements to property, and also guide you through the full legal process of your applications to the court. Where your entitlements to property are not automatically granted by law, it is important to establish your claims in the court.
Contact us today to find out how we can help.
For personalised legal assistance
Perduco Law will provide expert advice and case management for a fixed fee.
