TOLATA Claims: Your Complete Guide to Property Disputes Between Cohabitees

TOLATA claims are a vital legal tool for people involved in property disputes when there is no formal marriage or civil partnership. Whether you’re separating from a long-term partner, resolving a family property disagreement, or asserting your share in a jointly purchased home, TOLATA (Trusts of Land and Appointment of Trustees Act 1996) provides the framework to resolve these complex situations.

At Laker Legal Solicitors, we advise and represent clients throughout England in making and defending TOLATA claims. This guide covers everything you need to know — from when you can bring a claim to how courts make decisions and what evidence matters most.

What Is a TOLATA Claim?

A TOLATA claim is a civil legal application to resolve disputes over property ownership, occupation, or sale, often when the legal title does not reflect a party’s actual financial interest.

These claims typically involve:

• Unmarried couples separating after buying or living in a home together
• Family members or friends who invested in a property without formal agreements
• Disputes following the death of a joint property owner
• Third parties (such as parents) who contributed funds toward a purchase

TOLATA allows a person to seek a court declaration of beneficial interest, request an order for sale, or establish their right to occupy the property.

When Do TOLATA Claims Arise?

You should consider a TOLATA claim if:

• You contributed to the purchase deposit, mortgage, or renovations but are not on the title deeds
• You lived in and maintained a property under a shared understanding (common intention) of ownership
• You are being excluded from a home you helped fund
• A co-owner is refusing to sell or recognise your share
• A dispute has arisen following the death of a property owner, and you’re an executor or beneficiary

These claims are essential in relationships where no legal framework (like divorce law) automatically governs the distribution of property — especially for cohabiting couples.

The Legal Basis: What Does TOLATA Allow?

The Trusts of Land and Appointment of Trustees Act 1996 gives the courts specific powers in property disputes. Under Sections 14 and 15, the court can:

• Declare beneficial ownership shares
• Order a property sale
• Decide who has the right to occupy the property
• Appoint or remove trustees

The court will examine:

• Financial contributions (deposits, mortgage payments, renovations)
• Written or oral agreements
• Intention of the parties
• Conduct that indicates shared ownership (e.g., paying household bills)

TOLATA is used in civil courts (County Court or High Court), not Family Courts, and is governed by the Civil Procedure Rules.

TOLATA vs Financial Remedy Claims: Key Differences

It’s important to distinguish TOLATA claims from financial remedy claims available to married couples.

TOLATA provides a remedy only for property rights. It does not take into account broader relationship dynamics, spousal maintenance, or pensions.

Who Can Bring a TOLATA Claim?

You may be entitled to bring a TOLATA claim if you fall into any of the following categories:

• A cohabitee who is not on the title deeds but contributed to the property
• A legal owner disputing the terms of ownership with a co-owner
• A third-party investor, such as a parent or relative
• A beneficiary or trustee under a will or trust
• Someone with a proven equitable interest in the land

This makes TOLATA essential for cohabitees who lack protection under family law.

Common Scenarios for TOLATA Claims

Below are examples of when a TOLATA claim may be appropriate:

• A couple buys a property in one partner’s name, but both contribute equally
• Parents help their child buy a home, expecting a share or repayment
• Friends buy a house together, but later disagree on whether to sell
• One party is living in a jointly owned home and won’t leave or sell
• A property is in one name, but there was a common intention to share ownership

Each scenario turns on evidence of contribution, agreement, and conduct.

Pre-Action Protocol: Why It Matters

Before issuing a TOLATA court claim, parties must follow the Pre-Action Protocol. This is a set of procedures designed to encourage early resolution and avoid unnecessary litigation.

Steps include:

• Sending a Letter of Claim outlining your case, legal basis, and evidence
• Giving the other party time to respond (usually 14 to 28 days, more complex matters up to 3 months)
• Providing supporting documentation (e.g. bank statements, emails)
• Exploring Alternative Dispute Resolution (ADR), such as mediation

Failure to follow the protocol can result in:

• Costs penalties
• Delay of your case
• Weakening of your legal position in court

Legal advice at this stage is crucial to ensure compliance and strengthen your claim.

How TOLATA Claims Work: Part 7 vs Part 8 Proceedings

TOLATA claims are brought in the civil courts and follow procedures under the Civil Procedure Rules (CPR). Depending on the complexity of the dispute, your case will be managed under either Part 7 or Part 8 proceedings.

Part 7 – Disputed Facts and Complex Claims

Used when:

• There is factual disagreement (e.g. over contributions or intentions)
• The case will require witness evidence and a trial

Part 7 involves a full set of pleadings: particulars of claim, defence, disclosure, witness statements, and eventually a hearing. This route is typical for contested cohabitation property disputes.

Part 8 – Simpler, Uncontested Claims

Used when:

• The facts are largely agreed
• A party simply seeks a declaration of interest, often based on a trust deed or documented agreement

Part 8 is usually quicker, it is more suitable for straightforward legal questions without factual disputes.

Choosing the correct route is essential and should be guided by a solicitor.

Evidence Required in a TOLATA Claim

The outcome of any TOLATA claim depends heavily on the quality of evidence. Because many arrangements are informal, courts must interpret conduct, documents, and communications to infer shared ownership.

Typical evidence includes:

• Bank statements showing mortgage or deposit contributions
• Emails or texts discussing shared ownership or repayment
• Receipts or invoices for renovations and improvements
• Statements from friends or family regarding your role in the property
• Any written agreements, including trust deeds or side letters
• Records of household expenses paid by the non-owner

Importantly, even where there is no written agreement, courts may infer a constructive trust or resulting trust based on contributions and the parties’ behaviour.

The Role of Alternative Dispute Resolution (ADR)

Courts expect parties to consider settlement through ADR before proceeding to trial. This is particularly important in emotionally charged property disputes.

Common ADR options:

• Mediation: A trained neutral helps parties reach an agreement
• Negotiation: Solicitors communicate directly to resolve the matter
• Arbitration: A private, binding decision (less common for TOLATA)

Advantages of ADR:

• Cost-effective compared to litigation
• Faster resolution
• Preserves relationships, particularly important in family cases
• Flexible outcomes, such as staggered buy-outs or occupation terms

Failure to engage meaningfully in ADR may result in cost penalties, even for the winning party.

Cohabiting Couples and Property Disputes

For cohabitees, property disputes can be particularly distressing. Unlike married couples, there is no automatic right to a share of a partner’s home.

You may have a claim under TOLATA if:

• You paid part of the deposit or mortgage
• You contributed to renovations or household bills
• There was a common intention that you would share the property
• You made financial sacrifices in reliance on having an interest

Courts will assess whether a common intention trust exists, and if so, what the parties intended the ownership shares to be. This may be equal or based on contributions.

If no intention can be shown, the court may impose a resulting trust, usually in proportion to direct financial contributions.

Defending a TOLATA Claim

If you are defending a TOLATA claim (e.g. by a former partner or family member), it’s vital to:

• Respond to the Letter of Claim
• Provide a full account of ownership history
• Disclose relevant communications or documents
• Challenge or explain any contributions made by the claimant

You may also be able to:

• Assert sole beneficial ownership
• Offer buyout terms
• Argue that contributions were loans or gifts, not ownership interests

Early legal advice helps identify the best defence strategy and minimises the risk of an adverse costs order.

Time Limits for Bringing a TOLATA Claim

There is no strict statutory time limit, but claimants should act promptly. Delay may harm your case, especially if:

• Evidence has become harder to obtain
• The property has increased significantly in value
• The other party has relied on your inaction

In probate-related cases, time limits under estate law may apply. Seek legal advice early to avoid being time-barred.

FAQs About TOLATA Claims

What does TOLATA stand for?
Trusts of Land and Appointment of Trustees Act 1996 — the law governing property disputes involving trusts of land.

Can I make a TOLATA claim if I’m not on the mortgage or deeds?
Yes, if you can show that you contributed financially or there was a common understanding that you would have a share.

Do I need a written agreement?
No, but written or documented evidence strengthens your case. Courts can infer agreements based on conduct and contributions.

Can I stop a property from being sold?
Possibly. The court has the discretion under TOLATA to refuse a sale if circumstances justify it (e.g., children, significant contribution).

How long does a TOLATA claim take?
It depends on complexity. Simple cases may resolve in months; contested claims can take 12–48 months, especially if they go to trial.

Will I have to pay legal costs?
Costs usually follow the event — the losing party pays the winner’s costs. However, if you fail to comply with the Pre-Action Protocol or ADR, you may be penalised on costs regardless of outcome.

Can TOLATA be used in probate disputes?
Yes. Beneficiaries or executors may use TOLATA to settle disputes over jointly owned or trust-held property after death.

Laker Legal Solicitors: Experts in TOLATA Claims

At Laker Legal Solicitors, we understand that disputes over a home are more than financial — they’re deeply personal. We represent clients across England in making and defending TOLATA claims, with a clear focus on achieving fair, cost-effective results.

Our services include:

• Clear advice on beneficial interest and property rights
• Drafting Letters of Claim and Letters of Responses
• Advising on mediation and ADR and when that is suitable
• Issuing and defending court proceedings
• Strategic advice on costs protection and procedural rules
  

Whether you’re a cohabitee, family member, or third-party contributor, we help you navigate this complex area of law with clarity and compassion.

Contact Laker Legal Today for Help with Your TOLATA Claim

If you’re involved in a TOLATA property dispute, don’t wait. Early advice makes a significant difference in protecting your position and resolving the matter efficiently.

Please contact us today for a free no obligation discussion.

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