TOLATA Claims Solicitors

If you’ve separated from a partner you weren’t married to, and there’s a dispute about who owns what share of the property you lived in together, the law treats you very differently from a married couple going through a divorce. There’s no automatic right to a share, no financial settlement to fall back on, and no such thing as “common law marriage”. The name on the title deeds will often carry significant weight, but it is not always decisive. The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), is the legal mechanism that allows the court to look beyond the legal title and determine each person’s beneficial interest in the property.

Led by Sobiah Hussain, our family solicitors advise clients across England and Wales on bringing and defending TOLATA claims, whether you’re trying to establish a share in a property you’re not named on, defending a claim brought against you, or trying to force or resist a sale.

When Might You Need a TOLATA Claim?

Although TOLATA claims are most commonly associated with former unmarried couples, the legislation also applies to disputes involving family members, friends or business partners who jointly own property or claim an interest in it.

In practice, the trigger is nearly always the same. A relationship breaks down, a family falls out, one person wants to sell the property or recover the money they have invested, and the parties cannot agree what should happen next.

Common situations include:

• Your former partner refuses to sell the property.
• You contributed towards the deposit, mortgage or major renovations but are not named on the title deeds.
• You disagree about the percentage share that each of you owns.
• One party wishes to buy the other out but cannot agree a valuation.
• Family members disagree about ownership after contributing towards a property purchase.
• A co-owner has died and there is a dispute involving the surviving owner or the estate.

Do You Have a TOLATA Claim?

Whether you have a claim will depend on the property’s ownership and the evidence available.

Where a property is held in joint names, the starting point established by the House of Lords in Stack v Dowden [2007] UKHL 17 is that the beneficial interest is presumed to be held equally, although that presumption can sometimes be displaced. Where a property is held in one person’s sole name, the person who is not named on the title will usually need to establish that there was a common intention for them to have a beneficial interest and that they acted to their detriment in reliance on that understanding. Evidence may include contributions towards the deposit or mortgage, significant renovation works and other conduct capable of demonstrating that intention.

These cases are highly fact-specific and turn on the parties’ intentions, financial arrangements and the available evidence.

How Our TOLATA Solicitors Can Help

TOLATA disputes often involve much more than establishing who owns what share of a property. Questions frequently arise about whether a property should be sold, how ownership can be proved and whether the dispute can be resolved without court proceedings.

In many cases, court proceedings can be avoided altogether. We regularly advise clients on the strengths and weaknesses of their position, negotiate with the other party and help resolve disputes through negotiation or mediation. Early legal advice can often avoid the cost, delay and uncertainty of contested litigation.

Where agreement cannot be reached, we can prepare the necessary pre-action correspondence, including a Letter Before Claim, gather the evidence needed to support your case and represent you throughout TOLATA proceedings. Bank statements, mortgage records, conveyancing documents, messages discussing ownership and evidence of financial contributions can all prove important. The earlier this evidence is identified and preserved, the stronger your position is likely to be.

Whether you are bringing or defending a TOLATA claim, our team can provide clear, practical advice at every stage of the process.

One of the first things we look at in a TOLATA dispute is what was agreed when the property was purchased and what evidence still exists of that agreement. People often focus on who paid the mortgage each month, but that is not necessarily the only relevant evidence. The conveyancing file, bank statements, messages between the parties and discussions about how the property would be owned can all become important.