23rd September 2025 ❘

Unmarried couples, property disputes and TOLATA

Unmarried couples, property disputes and TOLATA

Unmarried couples, property disputes and TOLATA

Buying a home with a partner, friend, or family member is an exciting step . But when relationships break down, things can get complicated.

TOLATA  (The Trusts of Land and Appointment of Trustees Act 1996) is the law that governs disputes when two or more people own property together. TOLATA gives the courts power to decide:

  • Who owns what share of the property
  • Whether a property should be sold (and on what terms)
  •  Who has the right to live in the property

 

We regularly see TOLATA disputes in situations such as:

  • Unmarried couples separating after buying a property together and/or the property has been purchased in a sole name with the non owner contributing significantly to mortgage payments/ extensions etc
  • Family arrangements, where parents have helped children onto the property ladder
  • Friends or business partners who invested together but now want different things

 

We regularly help clients with disputes such as:

  • Forcing or preventing a sale
  • Claiming a larger share after contributing more
  • Resolving who can stay in the home

We understand how stressful disputes with partners, family or friends can be. Our role is to cut through the complexity, protect your interests and achieve the best possible outcome, whether that’s through negotiation, mediation or if needed by taking the matter to court.

If you could do with advice on this matter please just get in touch with our Dispute Resolution team and we’ll be happy to help.