TOLATA Proceedings
September 2025
When unmarried couples separate, one of the most difficult issues is often what happens to the home they shared. Questions about who owns what, who gets to stay in the property, or whether it should be sold can cause a great deal of stress. In England and Wales, disputes like these may be dealt with through TOLATA proceedings. But what exactly does this mean, and how might it apply to you?
This summary provides general information and does not constitute legal advice on any individual circumstances.
What Is TOLATA?
TOLATA stands for the Trusts of Land and Appointment of Trustees Act 1996. It gives the courts the power to resolve disputes about property ownership between people who are not married. This law is often relied on by cohabiting couples who have bought a house together, or where one partner claims an interest in a property owned by the other.
When Are TOLATA Proceedings Used?
TOLATA proceedings can be used in a range of situations, such as:
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Where an unmarried couple has bought a property together but cannot agree on how the equity should be divided after a separation.
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Where one partner has paid towards the property, for example by contributing to the deposit or mortgage, but is not named on the legal title.
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Where there is disagreement about whether a property should be sold and, if so, how the proceeds should be shared.
The “Common Law Marriage” Myth
Many people believe that living together gives couples the same rights as marriage. In England & Wales, this is a myth. Cohabiting partners do not automatically have any legal claim over each other’s property. TOLATA is often the only way to resolve disputes when relationships break down.
What Can the Court Decide?
Through TOLATA, the court can make several important decisions. It can:
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Declare who owns a property and in what shares.
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Order the sale of a property and decide how the sale proceeds should be divided.
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Decide whether one person should be allowed to remain living in the property.
The court will look closely at the evidence, such as financial contributions, written agreements (like a declaration of trust or cohabitation agreement), and any discussions the couple had about ownership.
Why It Matters
Many people are surprised to learn that cohabiting partners do not have the same rights as married couples when it comes to property. Without a clear agreement in place, disputes can quickly become complicated. TOLATA provides a legal route to resolve these disagreements, but proceedings can be stressful, expensive, and time-consuming. This is why it is always best to try to reach an agreement outside court if possible.
How to Avoid TOLATA Disputes
The best way to avoid the need for TOLATA proceedings is to make sure ownership and contributions are properly recorded from the start. A declaration of trust or a cohabitation agreement can set out exactly who owns what and how the property should be dealt with if the relationship ends. These documents can save both partners a lot of uncertainty and cost later on.
Looking Ahead
If you are facing a property dispute after separating from a partner, or if you are concerned about protecting your contributions, it is important to understand how TOLATA works and what options are available to you. While the court can provide a decision, having clear agreements in place beforehand can make all the difference.
How Can Fullers Help?
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