Trust of Land

Linenhall’s team of family barristers works closely with our civil barristers to provide advice and representation in relation to Trusts of Land issues arising from family law cases.

Our barristers can assist unmarried cohabitants, spouses and other family members in relation to ownership of the family or matrimonial home or other family property with clients benefitting from the breadth of expertise available at Linenhall Chambers.

Land and property issues frequently arise in the context of family law work and our experienced barristers provide advice in relation to applications brought under the Trusts of Land and Appointment of Trustees Act 1996 and the Inheritance (Provision for Family and Dependants) Act 1975 (Tolata).

Our specialist barristers help private individuals, through an instructing solicitor or on a direct access basis, where property disputes arise from matrimonial finance proceedings in relation to land held upon trust. Such disputes can be varied, complex and emotive and our expert team of barristers guide and support clients through their case.

Although such issues often arise in the course of family law matters, such claims fall under the Civil Procedure Rules. Whether a Part 7 or Part 8 claim, our family barristers will draw on their combined expertise in the family and civil courts, working closely with members of Linenhall’s civil team where needed.

Whether you jointly own property and find yourself in dispute about the shares in that property, believe you are entitled to a share in a property where the legal title is not in your name or if your ex-partner is claiming entitlement to a share in a property which you own, our barristers can help you.

In the context of family law, claims often arise following the breakdown of a relationship where no cohabitation agreement is in place and informal agreements have been in place during the relationship in relation to the ownership of property.
Our barristers understand the sensitivity and complexity of Tolata cases and take a detailed and analytical approach to gathering the relevant factual information to help support your case as well as considering related disputes such as future financial provision for children. They will help to establish the legal basis of claims for a trust of land, presenting your case in the best way to achieve your desired outcome.

Whether your family case involves issues of proprietary estoppel, express or implied trusts or other equitable remedies, other marital property issues arising from intervenor proceedings or cohabitation-based disputes, Linenhall Chambers can provide you with the advice and representation you need.

Our barristers can also assist if you require expert mediators or arbitrators in relation to family property disputes.

Our large and well-established team can advise clients across England and Wales including in North and Mid Wales, Cheshire and the wider North West as well as the Midlands. The team includes a number of Welsh speakers able to conduct cases in Welsh.