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.
Members of:
Featured Unmarried Financial Settlements & TOLATA Claims lawyers
Arona Sarwar
Founder and Principal Solicitor
Arona advises individuals, families and businesses on immigration, asylum, family law, wills and probate matters, with a practical and client-focused approach.
Phoebe Chau
Family Solicitor
Phoebe is a Family Solicitor advising on financial settlements, private children disputes and domestic abuse matters.
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!”
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.