TOLATA Solicitors — Property Disputes Between Unmarried Couples
When an unmarried relationship ends and there is a dispute about who owns what, the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) provides the legal framework for resolving it.
PDA Law handles TOLATA claims for clients across Chester CH1/CH2, Ellesmere Port CH65, Wrexham LL11–LL14, Mold CH7, Northwich CW9 and Crewe CW1/CW2.
What We Can Help With
- Establishing a beneficial interest in property
- Orders for sale where co-owner refuses
- Declarations of trust — determining shares
- Occupation orders and occupation rent
- Mortgage and contribution disputes
- Proprietary estoppel claims
- Mediation and negotiated settlements
About TOLATA
What is a TOLATA Claim?
The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) is the primary legislation governing disputes about the ownership and occupation of land and property in England and Wales. It is most commonly used by unmarried couples — and sometimes friends or family members — who have a dispute about who owns a property or what share each party is entitled to.
Unlike married couples going through divorce, unmarried couples cannot rely on the family court's broad discretion to divide assets fairly. Instead, the court applies property and trust law principles — looking at the parties' common intention, financial contributions, and any detrimental reliance. This makes specialist legal advice essential.
TOLATA claims can arise in many situations: where one partner contributed to the purchase price or mortgage but is not on the title deeds; where the parties disagree about their respective shares; where one party wants to sell and the other refuses; or where there is a dispute about who can occupy the property.
Our dispute resolution team has extensive experience in TOLATA claims and related property trust disputes. We provide clear, practical advice on the strength of your claim and the most cost-effective route to resolution.
Key Facts
- Applies to unmarried couples and co-owners
- Court can declare beneficial interests
- Court can order sale of property
- Contributions and intentions are key
- Mediation often resolves disputes faster
- Time limits apply — act promptly
Initial Advice
From £300 + VAT — fixed fee for initial assessment and written advice on merits.
Types of Claim
What TOLATA Claims Cover
TOLATA provides a range of remedies for co-ownership disputes. The right approach depends on your specific circumstances.
Beneficial Interest Claims
Establishing that you have a share in a property even if it is not in your name — through constructive trust, resulting trust or proprietary estoppel.
Order for Sale
Applying to the court for an order that the property be sold and proceeds divided, where the co-owner refuses to sell or agree terms.
Declaration of Trust
Establishing the respective shares of co-owners where there is a dispute about what proportion each party is entitled to.
Occupation Orders
Regulating who can occupy the property while the dispute is resolved, including excluding a co-owner from the property.
Accounting for Occupation Rent
Where one party has had exclusive use of the property, the other may be entitled to an occupation rent — we advise on the calculation and recovery.
Mortgage & Contribution Disputes
Disputes about who paid what — mortgage contributions, deposit payments, renovation costs — and how those contributions affect each party's share.
How It Works
The TOLATA Claims Process
Initial Assessment
We review the property ownership, financial contributions and any relevant communications to assess the strength of your claim and advise on realistic outcomes.
Letter Before Action
We write to the other party setting out your claim and inviting them to negotiate a resolution without court proceedings.
Negotiation & Mediation
Many TOLATA disputes resolve through negotiation or mediation, avoiding the cost and delay of court proceedings. We explore this at every stage.
Court Application
If negotiation fails, we issue proceedings in the County Court or High Court, depending on the value and complexity of the claim.
Trial
If the matter cannot be settled, the court will hear evidence and determine the beneficial interests and any orders for sale or occupation.
Unmarried Couples
TOLATA & Cohabitation Disputes
If your dispute arises from the breakdown of an unmarried relationship, our family law team also handles TOLATA claims alongside cohabitation agreements and cohabitation rights advice.
TOLATA Claims — Family LawAll Property Disputes
Dispute Resolution Hub
TOLATA is one of many property dispute services we offer. Our dispute resolution team also handles boundary disputes, landlord and tenant disputes, and professional negligence claims.
All Dispute Resolution ServicesFrequently Asked Questions
Common Questions About TOLATA Claims
What is a TOLATA claim?
Can I make a TOLATA claim if the property is in my partner's sole name?
What is the difference between a TOLATA claim and a family law financial settlement?
How long does a TOLATA claim take?
How much does a TOLATA claim cost?
Do you handle TOLATA claims in Chester, Wrexham and Ellesmere Port?
What evidence do I need for a TOLATA claim?
Can I get an order for sale if my co-owner refuses to sell?
Related Services
Related Dispute Resolution & Family Law Services
Get in Touch
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Tell us about your property dispute. One of our solicitors will be in touch within one working day.
Need advice on a TOLATA claim?
Speak to a dispute resolution solicitor today. We provide clear, practical advice on property disputes between unmarried couples — costs explained before any work begins.
No obligation — talk through your options first.
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