Property & Cohabitation Dispute Solicitors

TOLATA and cohabitation disputes

Many property disputes arise between unmarried couples following separation.

Unlike married couples, there is no automatic legal framework governing how property is divided. As a result, disputes often arise where there is uncertainty about ownership or entitlement.

These matters are typically dealt with under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), which provides the legal framework for resolving disputes relating to property ownership and interests.

When do disputes arise?

Disputes can arise in a variety of situations, including where a property is held in one person’s name but another claims an interest, where there is disagreement about whether a property should be sold, or where the parties cannot agree on their respective shares.

They can also arise where financial contributions have been made without any clear agreement as to how the property is to be owned, or promises are made and not followed through on.

Each case turns on its own facts, and the outcome will depend on the specific circumstances and evidence available.

How we can help

Property disputes require careful handling. The legal position is rarely straightforward, and the approach taken at an early stage can have a significant impact on the outcome.

We work with clients to understand the background, assess their position, and identify the most effective way forward.

Where appropriate, we seek to resolve matters through negotiation or settlement discussions. However, where agreement cannot be reached, we are experienced in pursuing and defending claims through the courts.

Our focus is on achieving a practical and proportionate outcome, while protecting your financial position.

A practical and measured approach

We understand that property disputes often involve significant assets and, in many cases, personal relationships.

Our role is to provide clear, straightforward advice, manage the process on your behalf, and work towards a resolution that reflects your position.

Speak to our Dispute Resolution team

If you are involved in a property dispute, or are unsure of your position, we can help you understand the options available to you.

Frequently Asked Questions

What is TOLATA?

TOLATA is an abbreviation for the legislation known as the Trusts of Land and Appointment of Trustees Act 1996. This statute gives the Courts the power to make decisions relating to property ownership, and management of the property.

Who can make a TOLATA claim?

Whilst the most common parties making a claim under TOLATA are usually cohabiting couples, or ex-partners, these are just a few of the categories of people caught under the Act: >Unmarried, cohabiting couples, >Joint owners of the property, whether that be held as joint tenants or tenants in common, >Non-legal owners of the property, >Family or other relations who have helped fund the purchase of a property.

What type of evidence do I need?

Making a claim under TOLATA can be quite complex and we always advise that you seek independent legal advice, however, some of the evidence you may wish to gather to assist you in obtaining legal advice are: > The Land Registry documents, such as the title register or the Transfer Deed/TR1, > Any other Declarations of Trust, > The conveyancing file from the purchase or sale of the Property, > Evidence of conversations or text messages between you and the legal owner or other legal owner relating to the dispute, > Bank statements or invoices for payments towards the Property, > Any other documents that support your claim.

I jointly own a property with my ex-partner, I wish to sell the property, but they do not, what can I do?

If a relationship breaks down between you and your partner, it can become difficult to resolve issues regarding the property. If you wish to recover your share in the interest in the property and the other owner cannot afford to settle your share, it may be that the property needs to be sold. If the other owner is refusing to sell the property, you may need to make an application to the Court under TOLATA for an order that the property be sold and you have conduct of the sale.

My name is not on the title of the property, and I think I am entitled to a share in the interest, what can I do?

If your name is not on the title of the property, but you believe that you are entitled to a share in the interest or the equity of the property, you may have a claim under TOLATA. You will need evidence to support your claim that you are entitled to a share in the property. There may be several reasons why you believe that you are entitled to a share, the most common is that you helped the legal owner purchase the property, or you have made payments towards the mortgage or significant renovations so much so that the value of the property has increased. We would advise that you seek legal advice to assess your claim and the evidence that you have to support your claim, and guide you through the legal process.

Property & Cohabitation Disputes

Disagreements over property most commonly arise where relationships break down and there is uncertainty about ownership, occupation, or whether a property should be sold.