House shared with Dad - won't sell

unforeseen

I wonder how many people who glibly state 'you can force a sale using ToLaTA have actually done so? Or is it more a case of reading the legislation and thinking 'that's a good idea' totally forgetting that unless your case is REALLY cast-iron, and I don't mean that you have a good chance, I am talking 99.9% certain, then the costs that you will incur will come back and bite you so hard that you see nothing from the action apart from a large debt to your solicitors.

I suggest reading http://www.familylaw.co.uk/news_and_comment/recurring-misconceptions-in-tolata-cases#.Vw-ek3ywXos and other articles about it before even contemplating the route.

agrinnall

csgohan4 wrote: »

Unless her partner can do it by himself

That's why I specifically made mention of the OP's friend being part of the purchase.

TBagpuss

unforeseen wrote: »

I wonder how many people who glibly state 'you can force a sale using ToLaTA have actually done so? Or is it more a case of reading the legislation and thinking 'that's a good idea' totally forgetting that unless your case is REALLY cast-iron, and I don't mean that you have a good chance, I am talking 99.9% certain, then the costs that you will incur will come back and bite you so hard that you see nothing from the action apart from a large debt to your solicitors.

I suggest reading http://www.familylaw.co.uk/news_and_comment/recurring-misconceptions-in-tolata-cases#.Vw-ek3ywXos and other articles about it before even contemplating the route.

This is why it is important to see a suitable solicitor. It is also worth bearing in mind that the articule which you refer to is primarily focussed on the use of ToLaTA in cohabitation cases. OP's friend is in a slightly different situation.

it is also worth bearing in mind that a lot of legal advice is about avoiding going to court. If a case of this kind gets to court then in most cases it is because things are very uncertain to start with, becuase if they were clear cut, with an obvious outcome, it is unliekly that it would get as far as that, it would mostly settle before it got to a hearing.

In OP's friend's case, it sounds as though there is a declaration of trust. Which makes a huge diference.

Any good solicitor will advise thie client about the risks, and costs, invovled, and the chances of success.

I would certianly agree that anyone considering making a claim needs to get proper advice, and to ensure that they give their solicitor full information so that that advice is based on a full picture.