TOLATA Claims – Property Disputes Between Separating Couples

When a relationship breaks down, disagreements about who owns or has rights to the home can be just as difficult and painful as the separation itself. For many unmarried couples, the situation is even more complicated because they do not have the same automatic legal rights as married couples or civil partners.

These types of disputes are often dealt with under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). This legislation gives the court the power to decide issues such as:

• Who owns the property and in what shares
• Who is entitled to live in the home after separation
• Whether the property should be sold and how the proceeds should be divided

TOLATA claims are most common when unmarried couples separate and cannot agree on what should happen to their home. Typical situations include:

• One partner wishing to sell the property while the other wants to remain living there
• Disputes over how much each partner contributed financially towards the purchase or mortgage
• Cases where only one partner’s name is on the deeds, but the other has contributed significantly to the property (for example, through mortgage payments or renovations)
• Arguments about how much each person should receive from the equity when the home is sold

If a dispute cannot be resolved through negotiation, the court has the power to intervene. In reaching a decision, the court can consider:

• Financial contributions made by each partner, both at the time of purchase and during the relationship
• Any written agreements or declarations of trust made when the property was bought
• The intentions of the couple at the time the home was acquired (for example, whether they intended to share ownership even if only one name went on the deeds)
• The wider circumstances of the case, including the needs of any children living in the property

How We Can Help

TOLATA disputes can be stressful, expensive, and emotionally draining. Seeking legal advice early on can often help clarify your position, avoid unnecessary conflict, and increase the chances of reaching an agreement.

Our solicitors provide clear, early advice to help you understand your position, explore practical solutions, and protect your interests to achieve a fair outcome.

Legal Support for Landlords Regaining Property

Gone are the days when landlords could simply walk into their property, pack up their tenant’s belongings, turf them onto the streets, and change the locks. Agree or disagree, the power is now very much in the hands of the tenant when it comes to repossessing your property.

During the COVID-19 pandemic, new timescales were introduced for the period of notice you must give your tenants in order ‘reclaim’ your property under section 21 or section 8 of the Housing Act 1988. The new timescale is currently 4 months from the date of the notice being served on the tenant. This means you cannot force your tenant to leave, issue court proceedings, or carry out any other action, until this notice has expired. Once the period of 4 months has passed and if your tenant has not left the property, you can issue proceedings in the County Court for repossession of the property.

Our team advises landlords on their rights and responsibilities in managing tenancies and resolving disputes. Below are answers to some of the most common questions we receive.