Unmarried Financial Settlements & TOLATA Claims
Our London family solicitors advise on TOLATA claims where there is a dispute about property ownership, financial contributions or whether a jointly owned property should be sold. We will explain where you stand and help you resolve matters by agreement or through court proceedings where necessary.
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Featured Unmarried Financial Settlements & TOLATA Claims lawyers
Disputes about property ownership can be difficult to resolve, particularly after the breakdown of a relationship or when people who own a property together no longer agree about what should happen next. Our family solicitors advise on TOLATA claims where questions arise about ownership, financial contributions or whether a property should be sold.
We help clients understand their rights where there is a dispute over a jointly owned property, including claims involving beneficial interests, declarations of trust and applications for an order for sale.
We provide clear, practical advice focused on finding the right solution for your circumstances, whether that means reaching an agreement without going to court or representing you through legal proceedings where required.
If you need advice about a TOLATA claim, our team is here to guide you through your options.
What is a TOLATA claim?
TOLATA stands for the Trusts of Land and Appointment of Trustees Act 1996.
In simple terms, it is the law that allows the court to resolve disputes about property ownership. It can be used to decide who has an interest in a property, the extent of that interest, and whether the property should be sold.
TOLATA claims often arise between:
- Former partners who own a property together.
- Family members who have contributed towards a property.
- Friends or business partners who jointly own property.
Can I claim a share of a property if my name is not on the title deeds?
Not necessarily. The person named on the title deeds is not always the only person who may have an interest in a property.
You may still be able to claim a beneficial interest if, for example, you contributed towards:
- The purchase price of the property.
- Mortgage payments.
- Significant improvements or renovations.
- Other expenses connected with the property.
The court will look at the circumstances of each case, including what the parties intended, the evidence available and the contributions each person made.
What can the court decide in a TOLATA claim?
A TOLATA claim can ask the court to decide a number of issues, including:
- Who has an interest in the property.
- The share or interest each person is entitled to.
- Whether the property should be sold.
- How the proceeds of sale should be divided.
The outcome will depend on the evidence available, the intentions of the parties and the individual circumstances of the case.
Resolving TOLATA disputes
Do TOLATA claims always go to court?
No. Many disputes can be resolved through discussion, negotiation or mediation without the need for a court hearing.
Resolving matters early can often save time, costs and unnecessary stress. However, where an agreement cannot be reached, we can advise and represent you through court proceedings.
Types of TOLATA matters we help with
We advise on a range of TOLATA-related issues, including:
- Property disputes following separation.
- Claims for a beneficial interest in a property.
- Disputes between joint owners.
- Applications for an order for sale.
- Disputes about how property sale proceeds should be divided.
- Advice relating to declarations of trust.
Our aim is to help you find a practical solution that protects your position and reflects your circumstances.
Why choose our TOLATA solicitors in London?
Many TOLATA disputes arise following the breakdown of a relationship. As specialist family solicitors, we understand the personal and financial issues that can arise when property ownership becomes disputed.
We provide:
- Clear advice in plain English.
- A practical approach focused on resolving disputes.
- Advice tailored to your individual circumstances.
- Support through negotiation, mediation or court proceedings where needed.
We understand that disputes over property can be stressful. Our focus is on helping you understand your options and achieve a fair and workable outcome.
Speak to us in confidence
If you need advice about a TOLATA claim in London, contact our team to discuss your situation in confidence. We can help you understand your legal position, explore your options and guide you through the next steps.
Important
This page contains general legal information only and does not constitute legal advice. You should seek tailored advice from a qualified solicitor regarding your specific circumstances.
FAQs
A TOLATA claim is a legal application under the Trusts of Land and Appointment of Trustees Act 1996. It allows the court to determine ownership rights in a property, decide the parties' respective shares, and, where appropriate, order the sale of a property.
No. Unmarried couples do not have the same legal protections as married couples or civil partners. Property disputes are generally determined according to land and trust law rather than family law principles.
No. "Common law marriage" is a common misconception. Living together for many years does not automatically give a partner rights to property owned by the other person.
Possibly. If you contributed towards the purchase price, mortgage, renovations or otherwise relied on an agreement that you would have an interest in the property, you may have a claim. Each case depends on its facts and evidence.
Evidence may include bank statements, mortgage payments, contributions to renovations, emails, text messages, written agreements, or discussions demonstrating a shared intention regarding ownership.
Yes. The court has the power to order a property to be sold and determine how any proceeds should be divided between the parties.
The court will consider the available evidence, including financial contributions and the parties' intentions, to determine their respective interests in the property.
Yes. A claim can be made after separation if there is a dispute about ownership, occupation or whether the property should be sold.
The timescale varies depending on the complexity of the dispute and whether an agreement can be reached. Cases that proceed to trial can take many months to resolve.
Yes. Many disputes can be resolved through negotiation, mediation or solicitor-led settlement discussions, avoiding the cost and stress of litigation.
Not necessarily. Although household contributions may be relevant, the court will consider the overall evidence when deciding whether a beneficial interest exists.
Yes. TOLATA is not limited to former couples. Claims can arise where parents, relatives or other third parties contributed money towards a property's purchase or improvement and dispute their interest.
A Declaration of Trust records the ownership shares in a property and can help prevent disputes if a relationship later breaks down.
It depends on the circumstances. The court can determine who is entitled to occupy a property while a dispute is being resolved.
We provide advice on property ownership disputes, assess the strength of claims, gather evidence, negotiate settlements and represent clients in court proceedings where necessary.
Client reviews
What clients say about our unmarried financial settlements & tolata claims team
“I would highly recommend Arona St James solicitors. I had Phoebe Chau working on my family matters case. She did this with great care, compassion and clarity. She was extremely good with communication every step of the way. She kept me informed throughout the process and was highly professional. I am most grateful for her dedication and support. Thank you Phoebe!”
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“I would highly recommend Arona St James solicitors. I had Phoebe Chau working on my family matters case. She did this with great care, compassion and clarity. She was extremely good with communication every step of the way. She kept me informed throughout the process and was highly professional. I am most grateful for her dedication and support. Thank you Phoebe!”
“I’ve used Arona St James for many years, especially for family, my Wills and other matters, and I’ve always been met with honesty, professionalism, and clear guidance no matter how difficult or complicated things have been. I’m very grateful to Arona and Phoebe for their expertise and professionalism, and to the whole team for being so supportive. They treat me with respect, understanding, and humanity, which makes a big difference during these challenging times. Thank you.”
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“As an Egyptian who applied for asylum (international protection) in the UK I met with several immigration lawyers. They were helpful to me but the most helpful, and the person who had the most in-depth knowledge of both the conditions in Egypt and of my situation as a gay man was Arona Sarwar of Arona St James. She impressed me because she knew exactly what information was relevant to support my claim for international protection and she knew how to draft an effective personal statement and eliminate background information that was not relevant. I would therefore recommend her to anyone and especially to people from the Middle East who want a solicitor that has insightful and she is in my opinion, an outstanding solicitor who will guide you through this very difficult process. I got a distinction in my Master’s and I can’t wait to settle down in my career and build my home in the UK.”
“I had been here in 9years and fought to get international protection. I had 5 firms before I found Arona St James so I can compare the legal team here against others. From the outset firm had time for me, they listened to me, where I felt defeated and low they encouraged me to get to a happy place and then took my history. I felt supported that I could talk freely more to them which made the difference and I have no doubt this helped me secure my stay. This firm is incredibly knowledgeable and have years of experience within the field of immigration law and with dealing with a person’s case through to succession. A lot of the media talk about hostile environment faced by immigrants so having a strong law firm that supports you I think he is key when selecting your legal representative. The biggest step for me was first meeting with them and being told that they would act. I would encourage those who have strong cases and poor representation to go to Arona St James and you will find a brilliant Immigration Law firm, that will be honest and engaging with you. If they take on your case they will fight it like no other firm that I have dealt with in the past. They followed up on my immigration case, which had been stagnate for years at the Home Office, they accompanied me to my appointments and advised me throughout ( by phone, by email, and through our meetings) so I was confident handling myself more. They prepared my evidence for my hearing and instructed an exceptional barrister, again it was important that I felt relaxed around her, and from my initial meeting I knew she understood my plight, it was clear she had read the papers and fought my case. My solicitor Arona Sarwar is a powerful solicitor, when you meet her and work with her you know you are in safe hands, she is strategic and her legal expertise in this field is obvious, her presence is felt. Arona St James prepared my case for the hearing and for UKVI and this assisted my win. Without this firm I would not have secured my stay and I highly recommend them to all immigration clients.”
“I was recommended to Arona Sarwar of Arona St James. I am from Yemen and worked all my adult life as a police officer in the Dubai Police Force. I lost my job and my residency, whilst I came to visit my wife in the UK. Recently I was awarded Humanitarian Protection thanks to Arona Sarwar, as it is unsafe for me to return to Yemen. I am restarting my life with my family. I am now in a safe place and away from harm’s way. Yemen is a place of unrest and remains an unsafe country. This law firm has a great team of Immigration caseworkers who work long and hard on cases. I was accompanied to all my interviews and represented. I felt supported throughout and you noticed how determined Arona was to fight for me. She ensured she got to know me, my family before finalising my arguments. Also my family were pleased with having her on board. I would recommend her to those who want an intelligent confident solicitor that just makes you feel she will not give up. You know from the beginning she has the experience and will do what’s best for you. I am protected and sleep well at night now. My life has changed for the better. A big Thank you to everyone at Arona St James Solicitors”
“I am Hungarian EEA national. I applied for my permanent residence with my husband and was treated very poorly by the Home Office, they raided my home. The officers were quite hostile to me as my husband had moved out and I had not informed them. I thought up until I divorce I am still married, so could not see why they were shouting at me …….that I had lied to them and that It was too late and I would have to leave the UK. I have been in a relationship with my husband since 2009 and they made me feel like a criminal. I spoke with Arona about the visit, she intervened and made urgent representations addressing them that my husband would qualify for stay under retained rights as if I had divorced my husband he would still qualify and resolved matters for us both swiftly. This was important for me as well as I was securing my permanent residence and the whole process was unfair, they took three months and I was in limbo about my rights and my husbands. I have known Arona since 2010, she helped us secure our residence certificates. What I would like to say Arona Sarwar was very supportive, patient, understanding during our difficult period and her expertise just shines through, the ease at which she is able to unpick the mess and present it fairly and transparently helped us resolve all our affairs properly. For me she is one of the best Immigration solicitors around. Words can not express how grateful we are to her and her team. We can get on with our lives now Arona Sarwar is best of the best out there. Highly recommend her for her expertise and the best person to turn to on complex cases.”
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“I have known Arona Sarwar through my business dealings with her for several years, through my accountancy practice, as she advices many of our high net worth business clients on business visa’s and investment routes into the UK. She is a highly regarded and respected practitioner. Our practice has instructed magic circle firms but have found her knowledge and legal service outshines their, her hands on approach and quick mind allows my practice to call her to strategically assess our clients needs and find the right solution. We have seen her take on cases and see them through positively. I personally used her services to apply for my wife's application for a UK visa under the priority service. As always I found her to be extremely helpful and knowledgeable with exceptional client care skills. Brilliance”
“I do not think I can put it in words just how brilliant Arona's law firm has been when dealing with my case. I must be their longest running case in their books and not due to the fact that they were not dealing with my case but because I was always too scared to move forward. Sometimes you are not ready to deal with things and that for me has been a long process. However due to Arona's patience and gentle persuasion, we were able to finally put forward my legal case. Arona's immigration team were brilliant; Jessica and Deborah (counsel) formed part of my formidable legal team. From the outset, they got to grips with my case and I could see that they got to know me in depth, understanding my personal situation., in order for me to secure international protection. it is noticable that Arona's team are incredibly committed to the LGTBQ issues and do all they can to help their clients. More importantly they make them feel comfortable and safe, something that is not easily achieved given what most all LGTBQ people seeking asylum has had to endure in their own unsafe country. Without Arona I would not have been granted my leave to remain, I am sure of that, the firm's hard work and determination got us here. Even after the home office refusal there was no doubt in their minds I needed to secure international protection, pushing forward with my case and vase managing my appeal; which we of course we won. All I can say is thank you team Arona Sarwar and to her team, Jessica and Deborah, you are simply the best immigration lawyers. And I will be recommending your firm to anyone who needs legal advice without a second thought.”
“Arona Sarwar was recommended to me. She has acted for my partner and secured his residence card, post a difficult time getting married. She also just secured my permanent residence as an EEA under the self employed route in a very difficult climate. Brilliant mind. Always on the other end of the line. Will always turn to her for my personal and business immigration needs and the ones of friends and family, to whom I will definitely keep recommending her. Sheer brilliance”
“Six years ago my partner and I were deeply worried with his status but fortunately after changing our immigration lawyers and having the step by step guidance Arona Sarwar and her friendly and dedicated team we are enjoying our lives together. We now use Arona Sarwar for all our immigration needs. I can wholeheartedly recommend their services.”
“I was desperately looking for a good lawyer to take on my asylum case. I first met Arona Sarwar in and around January, 2015. She took my case on, helped me from when I applied, she accompanied me to the Home Office with me and advice me on my application. I secured international protection two months after having had my substantive interview. I was over the moon and relieved that I can now begin to live my life. I can’t describe the weight that has been lifted off my shoulder. During my case preparation I met with Arona Sarwar every week. She is not only a good lawyer, she is understanding and friendly to those with asylum case, this helped me enormously as I felt so comfortable to share with her private aspects of my life. I appreciate the hours spent preparing my case and this gave me hope. Her dedication for clients is 100%. I am happy and completely satisfied with the legal advice received. I highly recommend her to those who are going to claim asylum in UK. I am sure you won’t be disappointed.”
Arrange a confidential consultation
Contact us today via email on assistance@aronastjames.co.uk or via telephone on 020 8175 5000 to arrange a confidential consultation and discuss your circumstances with one of our family solicitors.