ToLata Process

Myself and my ex-partner separated last year.

We purchased a property together in 2012.

My ex-partner and I owned a property together as tenants on common. With a 50/50 share.

I have a daughter from a previous marriage, we are currently living in the property and I am paying all the bills myself.

I want to ask couple of questions around the TOLATA process and what approach a court may take.

I paid £50K more towards the property and we signed a declaration of trust.

The property is valued @£250K by three estate agents and I have offered to buy him out. However he has now offered me £255k to buy me out. But I don`t want to move.

Will a court look at the fact he has offered more money i.e. the highest bidder, will they look at the fact I put in more to begin with a greater share?

The starting point is that the property must be sold. If both of you want to retain the property the fairest solution is to sell and divide the proceeds according to the stated shares.

Even once an order for sale is made, it is still open to the parties to agree a buy out.

If the stale mate remains, each of you will have to bear the costs of sale and incur purchase and removal costs.

It makes sense for you to stay in the property for many reasons and it would take a particularly bitter ex to needlessly deny both of you the opportunity to retain the property.

Charles