Property Disputes Between Unmarried Couples (TOLATA)
Where unmarried couples dispute beneficial ownership of property, claims may arise under TOLATA.
Issues may include:
- Declaration of beneficial interest
- Sale of property
- Accounting
Evidence of contributions and intentions is central. The court may also consider indirect contributions such as homemaking and childcare where relevant to the parties' intentions.
What TOLATA Claims Involve
TOLATA claims arise under the Trusts of Land and Appointment of Trustees Act 1996 where there is dispute about the beneficial ownership of property or about how property held on trust should be dealt with. These claims commonly arise between unmarried couples who have separated and disagree about who owns what share of the family home or other property. The legal title may be in one name or joint names, but the beneficial ownership may be disputed. The court may be asked to declare the parties' shares, order a sale of the property, or make an order for accounting.
These cases often turn on the evidence of contributions and intentions. The court may need to consider financial contributions to the purchase price, mortgage payments, improvements and other contributions. It may also need to consider what was agreed or intended at the time of purchase or during the relationship. Evidence of contributions and intentions is central. The quality of the evidence often has a direct bearing on whether the issues can be resolved by negotiation or require determination at a hearing.
When Representation May Be Needed
Representation may be needed where one party seeks a declaration of beneficial interest, where there is dispute about the appropriate share, or where an order for sale or accounting is sought. It may also be required where the property is in one party's sole name but the other claims a beneficial share, where there are multiple properties in dispute, or where the case involves complex contributions over a long period.
The approach taken is measured and evidence-based. TOLATA claims require careful analysis of the available evidence, the legal framework and the practical consequences of the proposed outcome. Proper preparation assists in presenting the case in a way that allows the court to make an informed decision. Documentary evidence of contributions, contemporaneous records and witness evidence may all be relevant. The court applies established principles of resulting and constructive trust.
Direct Access and Litigation
Instructions accepted under Public Access where suitable.
Acting Throughout England & Wales
Representation nationwide.