When unmarried couples separate, a frequent question what share do we each get of our home?
Unlike married couples who have clear legal frameworks for property division, unmarried couples can find themselves in a complex legal situation.
You may have contributed thousands of pounds towards mortgage payments, deposits, renovations or household expenses, but does this mean you own part of the property? The answer can be found through TOLATA (Trusts of Land and Appointment of Trustees Act 1996).
TOLATA provides a structured legal route for resolving complex disputes regarding beneficial ownership, occupation, and sale of property.
Claims primarily affect unmarried couples, however the legislation also applies to other co-ownership of property involving family members or business partners.
Sophie Kerry, Associate Solicitor in Wake Smith Solicitors’ Litigation & Dispute Resolution team, looks at how TOLATA can resolve disputes.
When does it apply?
TOLATA applies when couples are not married but have some form of property interest together. It is commonly used when the legal title does not reflect the true financial or beneficial interests of the parties.
This includes:
- Joint names on the property – both are registered as legal owners but disagree about their respective shares when the relationship ends.
- Sole name on the property - where one person’s name is on the deeds, but the other claims a beneficial interest due to financial contributions or agreements.
- Situations where one partner has contributed financially to a property owned by the other - mortgage payments, deposits, renovations, or household expenses, creating potential property rights.
- Co‑owners disagreeing regarding the sale or occupation of the property.
- Family disputes – for example parents contributing to a child’s home or siblings inheriting property.
- Business partners or friends who jointly purchased property.
- Estate/probate disputes where beneficial interests are unclear.
The Act covers both residential and commercial property and can be used to resolve disputes relating to ownership, occupation, use and sale of land.
What can the court decide?
Courts can determine beneficial shares, occupation rights, or order a sale when co‑owners disagree.
The courts can:
- Declare beneficial ownership shares.
- Decide occupation rights (who can live in the property).
- Order or postpone a sale of the property.
- Appoint or remove trustees.
What evidence do courts consider?
- Financial contributions (deposit, mortgage, renovations).
- Written agreements (e.g., declarations of trust).
- Oral discussions or shared intentions.
- Conduct showing shared ownership (paying bills, maintenance).
Courts consider the overall circumstances of the case, including:
- Financial contributions, such as deposits, mortgage payments and renovation costs.
- Written agreements, including declarations of trust.
- Oral discussions and shared intentions.
- Conduct demonstrating shared ownership, such as contributing to bills and property maintenance.
Alternative dispute resolution methods, such as mediation, may also assist in resolving disputes without court proceedings.
Sophie Kerry added: “TOLATA is critical for people who do not have the protections afforded by matrimonial law , especially cohabiting couples, as it determines property rights based on contributions and intentions rather than marital status.
“Understanding your rights and obligations is essential, whether your names are on the deeds or you’re claiming a beneficial interest in your partner’s property.
“Legal advice is always advisable before commencing court proceedings. The key factors courts consider include financial contributions, the parties’ intentions, and their overall conduct. Recent cases show that equal ownership doesn’t automatically mean equal shares.”
Are you in a dispute with an unmarried partner, family member or business partner and need advice? Contact Sophie Kerry here or on 0114 266 6660 for further information.