Property Disputes — Unmarried Couples

TOLATA Claims — 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.

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Types of TOLATA Claims We Handle

TOLATA provides a range of remedies for co-owners in dispute. We advise on the most appropriate route for your 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.

Declaration of Trust

Establishing the respective shares of co-owners where there is a dispute about what proportion each party owns.

Occupation Orders

Regulating who can occupy the property while the dispute is resolved, including excluding a co-owner from the property.

How a TOLATA Claim Works

Our step-by-step approach to resolving your property dispute.

Initial Assessment

We review the property ownership, financial contributions and any relevant communications to assess the strength of your claim.

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.

Court Application

If negotiation fails, we issue proceedings in the County Court or High Court, depending on the value 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.

Key Legal Concepts in TOLATA Claims

Constructive Trust

Arises where there is a common intention that both parties should share ownership, and one party has acted to their detriment in reliance on that intention. Financial contributions to the purchase price or mortgage are the most common basis.

Resulting Trust

Arises where one party contributes to the purchase price of a property held in another's name. The contributing party holds a beneficial interest proportionate to their contribution.

Proprietary Estoppel

Arises where one party has been encouraged to believe they have rights in property, has acted to their detriment in reliance on that belief, and it would be unconscionable to deny those rights.

Funding Your Legal Fees

Own a property? You may not need savings to fund your case.

If you jointly own the matrimonial home, a Sears Tooth agreement allows us to secure our fees against your share of the property — meaning no upfront payment is required. Fees are deducted when the property is sold or transferred. This option is particularly suited to non-working spouses or those with limited income.

Explore all funding options

We do not accept legal aid cases. PDA Law is a private client practice. All family law matters are funded privately — through direct fees, payment plans, or a Sears Tooth agreement where applicable.

TOLATA Claims — Frequently Asked Questions

What is a TOLATA claim?

TOLATA stands for the Trusts of Land and Appointment of Trustees Act 1996. It is the main legal mechanism for resolving property disputes between co-owners — most commonly unmarried couples. A TOLATA claim can establish whether you have a beneficial interest in a property and what share you are entitled to.

Can I make a TOLATA claim if the property is in my partner's sole name?

Yes, potentially. Even if the property is in your partner's sole name, you may be able to establish a beneficial interest if you contributed to the purchase price, mortgage payments, or made significant improvements to the property. We can advise on the strength of your claim based on the specific facts.

How long does a TOLATA claim take?

Many TOLATA disputes resolve through negotiation within 3–6 months. If court proceedings are necessary, the process typically takes 12–18 months from issue to trial, depending on the complexity of the case and court availability.

How much does a TOLATA claim cost?

Costs depend on the complexity of the claim and whether it settles or proceeds to trial. We provide a clear cost estimate at the outset and update you as the matter progresses. We can discuss funding options including conditional fee arrangements in appropriate cases.

Do you handle TOLATA claims in Chester, Wrexham and Ellesmere Port?

Yes. PDA Law handles TOLATA claims for clients across Chester CH1/CH2, Ellesmere Port CH65, Wrexham LL11–LL14, Mold CH7, Northwich CW9, Crewe CW1/CW2 and throughout Cheshire and North Wales.

What evidence do I need for a TOLATA claim?

Key evidence includes bank statements showing mortgage or purchase contributions, receipts for property improvements, correspondence discussing ownership intentions, and any written agreements. We can advise on what evidence is most relevant to your specific claim.

Client Testimonials

What Our Clients Say

“Martin and the team at PDA Law made an incredibly difficult time much more manageable. Their advice was always clear, compassionate, and practical. I felt fully supported throughout.”

Rebecca H.

Family law client, Chester

* Names changed to protect client confidentiality. Testimonials reflect genuine client experiences.

Your Family Law Specialist

Martin Dias

Family Law Executive

Divorce · Financial Settlements · Children MattersAlmost 30 Years' ExperienceFinancial Remedy & Pension Sharing Specialist

Martin brings almost 30 years of specialist family law experience to every case — divorce, separation, financial settlements and children matters. Clients value his straight-talking honesty, patience, and genuine emotional support throughout what is often a very difficult time.

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Discuss Your TOLATA Claim

Speak to a specialist family law solicitor. We advise clients across Chester CH1/CH2, Ellesmere Port CH65, Wrexham LL11–LL14 and throughout Cheshire and North Wales.