TOLATA Claims

Q: What evidence will I need to support a TOLATA claim?

You will need evidence of your contributions to the property (financial contributions like deposits, mortgage payments, renovations, or substantial indirect contributions), communications between the parties, and any documents that might indicate the shared intentions regarding ownership.

Q: How long does a TOLATA claim typically take?

The timeline for a TOLATA claim can vary significantly depending on the complexity of the facts, the amount of evidence required, and the willingness of parties to negotiate. While some cases resolve quickly through settlement, others can take many months, or even over a year, if they proceed to a final court hearing.

If you and your ex-partner own (or one of you owns) a property you shared together, then you might be able to make a TOLATA claim. Our solicitors are experts in this complex area of law and have experience making and defending TOLATA claims.

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What is TOLATA?

The Trusts of Land and Appointment of Trustees Act (TOLATA) gives the Court power to make decisions where there are property disputes between unmarried couples. The Court can make decisions on:

Ownership of a property
Who can remain in the property.

TOLATA allows you to claim, even if you’re not named on the deeds to the property.

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What are the common reasons for a TOLATA claim?

A TOLATA claim is usually started in situations where disputes arise about the ownership property. This is often between co-owners. Common scenarios include:

Determining ownership shares: To establish the precise beneficial ownership percentages of a property, especially where legal title does not accurately reflect the parties' respective financial or non-financial contributions.
Forcing a sale: Where one beneficial owner wants to realise their equity by compelling the sale of a property, but another co-owner is against the sale.
Establishing beneficial interest: When an individual is not registered on the legal title deeds but asserts a beneficial share in the property due to direct or indirect contributions (e.g., to the deposit, mortgage payments, or substantial renovations).
Resolving occupation disputes: To adjudicate questions of who has the right to reside in the property, or whether an "occupation rent" should be levied against the party remaining in occupation.

What is the process for making a TOLATA claim?

If you’re unable to settle your dispute out of court, the process for making a TOLATA claim is:

Letter before claim: This is a letter that sets out your case, evidence and the legal basis for your claim.
Alternative dispute resolution: It's encouraged that you try other methods such as negotation and mediation to avid the costs of going to court.
Response: After receiving the letter your ex-partner has a short period to respond and set out their case.
Early settlement: At this point it may still be possible to settle your claim without going to court.
Court: If you can’t settle your claim out of court, then you can make a claim for the Court to decide.

How long this process takes will very much depend on your specific situation. This can include how complex your case is, as well as how willing you both are to negotiate. Our solicitors are experts in negotiation, as well as the Court process. We can help you make or defend a TOLATA claim.

Who can make a TOLATA claim?

A TOLATA claim can be made by anyone who has a legal or beneficial interest in a property. This could be:

Legal owners: People registered as owners at HM Land Registry.
Beneficial owners: Those who don't own the property legally but have contributed to the purchase price, mortgage, or home improvements.
Co-owners: Unmarried partners or friends who have bought a home together but are now separating.
Personal representatives: These people will be involved when a dispute arises regarding a deceased person's property.
Creditors or third parties: People with a legitimate financial claim against the property.

How Irwin Mitchell can help with TOLATA claims?

Our TOLATA solicitors can help:

Protect you from a future TOLATA claim being made if your relationship breaks down
Settle your property dispute out of court
Make a TOLATA claim
Defend a claim being made against you.

Make a professional negligence claim, if a solicitor or licensed conveyancer didn’t advise you correctly about this issue.

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We have the largest private client team in the UK; our team of experts are here to provide discreet legal advice to support you and your family.

Erin Sawyer

Partner

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Meet our experts

Erin Sawyer

Partner

Find out more

Why choose Irwin Mitchell to make a TOLATA claim?

We have one of the largest family law teams in the UK, with solicitors who specialise in TOLATA claims. We work across the country, so we can help you wherever you live.

Proving that someone has a financial interest in a property they don’t own can involve very technical legal arguments. So it’s important that you have the experts on your side to get the best outcome.

Alongside TOLATA claims, we often also find that unmarried couples were badly advised by a solicitor when a property was purchased, in terms of protecting their individual interests. In these situations, we can help you make a professional negligence claim too, where appropriate.

We understand that things can get even more complex when children are involved. We’re skilled negotiators and will do everything we can to try and settle the claim out of court, with a minimum of fuss. However, where we need to go to court, rest assured that we have the experience to get you the best possible result.

Making an enquiry

We have several ways you can contact us, either by completing our online contact form, by phone, or using our live chat. If you start your journey online, here are the first steps to working together.

Complete our online form
We need a few details to understand your situation and the kind of support you need.
We’ll contact you by phone
On the call our experts will ask you a few more questions to make sure we connect you with the right legal advice from our team.
We arrange a full appointment
If we’re able to support you further, the next step is an appointment with one of our specialists so we can discuss everything in more detail.

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Frequently Asked Questions

What kind of orders can the court make in a TOLATA claim?

The court has broad powers, including ordering the sale of the property, declaring the beneficial ownership shares, requiring one party to buy out the other, or granting one party the right to occupy the property (sometimes with a requirement to pay occupation rent).

Should you consider settling out of court?

Before starting a TOLATA claim, it’s a good idea to consider whether you’ll be able to settle your dispute out of court. This is a gentler way of sorting things out, and can be a much better option if you and your ex-partner have children together.

The most common ways of settling TOLATA claims out of court are through:

Mediation - This is where you use an impartial specialist called a mediator to help you come to an agreement.
Solicitor negotiation - This is where your solicitors will work with you both to negotiate a settlement.

Our family law solicitors are experts in this area and could help save you money, and unnecessary stress.

What evidence will I need to support a TOLATA claim?

Can I make a TOLATA claim if I am also going through a divorce or civil partnership dissolution?

Yes, TOLATA claims can arise during divorce or dissolution proceedings, particularly when the property is not solely in joint names or if there's a dispute over beneficial ownership not directly linked to the marital assets. However, family courts also have powers to deal with property adjustments within divorce, so the strategies for property division should be carefully considered to avoid duplication or conflicting claims.

How long does a TOLATA claim typically take?

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