Buying a home with someone can be an exciting step — whether you’re a couple, friends, or family members investing together. But when relationships break down or disagreements arise, deciding who owns what can quickly become complicated.
If you’re unmarried or not in a civil partnership and are facing a dispute about property ownership, you may need help under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).
In this guide, we explain what TOLATA is, when it applies, and how our team can help you resolve disputes fairly and effectively.
What Is the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA)?
The TOLATA 1996 gives courts the power to deal with disagreements over property ownership between people who jointly own property or land.
It helps determine who owns what share of the property and what should happen to that property (for example, whether it should be sold or if one person should remain living there).
This law is particularly important for unmarried couples, cohabitees, friends, or family members who have bought a property together in Chelmsford or across Essex.
When does TOLATA apply?
TOLATA applies when two or more people have an interest in a property but disagree about ownership or occupation. Common scenarios include:
- Unmarried couples separating after buying a home together.
- Parents or relatives who contributed to a property purchase.
- Friends or business partners who jointly bought a property as an investment.
TOLATA does not usually apply to married couples or civil partners — their disputes are handled under family law during divorce or separation proceedings.
If you’re unsure which applies to your situation, our TOLATA solicitors can advise you clearly.
What can the Court decide under TOLATA?
Under TOLATA, the court can:
- Decide who owns what share of the property.
- Order the sale of a property where one person wants to sell and the other doesn’t.
- Determine who can live in the property.
When making a decision, the court considers:
- Each person’s financial contributions (e.g. deposit, mortgage, or renovations).
- The parties’ intentions when buying the property.
- The welfare of any children living at the home.
Because these cases can involve complex financial and emotional issues, it’s essential to seek help from an experienced property dispute solicitor.
Example: How a TOLATA claim might work
Imagine Amy and Daniel buy a property together in Chelmsford. The house is in Daniel’s name, but Amy contributes half the mortgage and pays for improvements. When they separate, Daniel claims full ownership.
Amy can bring a TOLATA claim asking the court to recognise her beneficial interest — potentially entitling her to a share of the property’s value.
How to make a TOLATA claim
A TOLATA claim is made in the civil court, not the family court. The process typically involves:
- Gathering evidence — such as bank statements, mortgage records, or communications showing shared intentions.
- Trying to reach an agreement through negotiation or mediation.
- Making a court application if agreement isn’t possible.
Our TOLATA solicitors can guide you through each step — ensuring your rights are protected and helping you reach a fair outcome.
Our solicitors can:
- Explain your legal position clearly and simply.
- Help you gather the right evidence to support your claim.
- Negotiate effectively to avoid unnecessary court proceedings.
- Represent you in court if a decision is needed.
We understand how stressful these disputes can be — especially when they involve your home. Our goal is to achieve a fair, efficient resolution so you can move forward with confidence.
Contact us!
If you’re facing a cohabitation property dispute, we’re here to help.
Our experienced solicitors offer clear advice and strong representation in all types of property ownership disputes — whether you’re seeking to establish your share, prevent a sale, or recover your investment.
Contact us using the links below to book a fixed-fee initial meeting.
