When a relationship breaks down, sorting out finances and living arrangements can be stressful – especially for unmarried couples. Unlike married spouses, cohabiting partners in the UK do not have automatic rights to share property or assets. If you’re separating and disputes arise over who owns what, a TOLATA claim may be your best route to resolving things fairly.
In this article, we explain what TOLATA claims are, how they work and what unmarried couples need to know about property rights – along with how to get a free 30-minute consultation with a solicitor to assess your options.
What is a TOLATA claim?
TOLATA stands for the Trusts of Land and Appointment of Trustees Act 1996. A TOLATA claim is a legal action used to resolve disputes about ownership or occupation of property when people are not married or in a civil partnership.
If one partner owns the property (or it’s in joint names) but the other feels they have a stake in it, they can apply to the court under TOLATA to determine:
- Whether they have a beneficial interest in the property
- What share of the property they are entitled to
- Whether they have a right to remain living in the property
- Whether the property should be sold and how the proceeds should be divided
TOLATA claims are most common when a couple separates and one partner disputes their right to stay in or benefit from a jointly used property.
Who can make a TOLATA claim?
You don’t need to be married to make a TOLATA claim. You may be eligible if you:
- Are an unmarried partner living in a property owned solely or jointly by your ex
- Have contributed to the mortgage, deposit, renovations or bills
- Were promised a share of the property or agreed to own it jointly
- Purchased a home together but didn’t define ownership shares in writing
TOLATA can also be used by parents, family members or third parties who contributed to a property with the expectation of a return or shared ownership.
Why Is TOLATA Important for Unmarried Couples?
Many people wrongly assume that living together gives you similar legal rights to a married couple. In reality, “common law marriage” doesn’t exist under UK law. If your name isn’t on the title deeds, you may have no legal claim to the home – even if you lived there for years or contributed financially.
TOLATA provides a way to prove your interest in the property and ask the court to recognise and protect it.
What does the court consider in a TOLATA claim?
To succeed in a TOLATA claim, you must show that you have a beneficial interest in the property. This can be done in several ways:
- Express trust
If there is a written agreement or declaration (e.g. when buying the property) stating who owns what share, the court will usually follow it.
- Resulting trust
If you contributed to the purchase price (e.g. deposit or mortgage payments), the court may infer that you intended to have a share in the property, even if your name isn’t on the title.
- Constructive trust
This relies on shared intentions and contributions – such as paying bills, improving the home or agreeing verbally to share ownership.
The court will look at:
- Financial contributions
- Agreements or promises made
- The couple’s conduct
- Evidence of joint intentions
What can the court order under TOLATA?
If your TOLATA claim is successful, the court may:
- Declare your interest in the property (e.g. 50/50, 60/40)
- Order the sale of the property and divide the proceeds
- Allow you to remain in the property for a set period
- Decide how to deal with any disputed contributions or repayments
TOLATA claims can be complex and emotionally charged, especially when children or shared assets are involved. That’s why it’s essential to seek expert legal advice early in the process.
Does TOLATA deal with child arrangements?
No – TOLATA only applies to property and land disputes. If you and your ex-partner also need to sort out child contact, residency or support, these will need to be handled separately under family law provisions, such as:
- Child Arrangements Orders
- Schedule 1 of the Children Act 1989 (for financial provision)
However, both types of claim can run alongside one another if necessary.
Can you avoid a TOLATA claim?
Yes – with careful planning. Unmarried couples can protect themselves by:
- Creating a Cohabitation Agreement – outlining who owns what and how property will be divided if the relationship ends
- Signing a Declaration of Trust when buying a property together – stating your agreed shares
- Keeping clear records of financial contributions
These legal documents offer clarity and protection, reducing the likelihood of disputes.
How long do you have to make a TOLATA claim?
There is no specific time limit for making a TOLATA claim but it’s best to act quickly. Delay can weaken your case, especially if the other party sells the property or changes its legal status.
Get legal advice on your property rights today
If you’re separating from a partner and uncertain about your rights to a shared home, don’t assume you have no claim. A TOLATA application could be the key to protecting your share and securing a fair outcome.
We offer a free 30-minute consultation to discuss your case. Contact us today via the form below, call 0203 983 5080 or email [email protected] to speak with a local family law solicitor near you. We can speak with you via video call or welcome you to one of our local offices in London (Harrow, Canary Wharf or Piccadilly Circus) or Manchester City Centre.
