Growing Number of Couples Turn to TOLATA Amid Property Disputes – Pepperells Solicitors

As more couples choose to cohabit without marrying, disputes over property ownership and financial contributions are becoming increasingly common. In the absence of legal protections typically available to married couples, the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) provides a vital legal mechanism for resolving disagreements.

Under TOLATA, individuals can ask the courts to determine their share in a property when ownership is contested. This often arises when couples separate and one partner claims they are entitled to a greater interest in the home due to financial or non-financial contributions. The courts can also be asked to order the sale of the property or determine the right of one party to remain in the home.

“Many cohabiting couples wrongly assume they have the same rights as married couples, but the law treats them very differently,” said Rebecca Liney a Civil Dispute Solicitor at Pepperells. “TOLATA allows the court to consider the intentions and actions of both parties in determining what is fair.”

Recent cases show a rise in applications under TOLATA, reflecting both the housing market pressures and changing relationship trends. Legal professionals urge cohabiting couples to consider formal agreements, such as a cohabitation agreement or a declaration of trust—to avoid costly and emotionally disputes.

Considerations for claiming a share of a property if you’re not stated on the deeds as a legal owner but believe you have a beneficial interest in a property (meaning you have a share in it even though you’re not listed as a legal owner), there are several reasons or circumstances that might support your claim. These typically arise in family, cohabitation, or investment contexts. Here are common examples:

1. Financial Contribution

• Deposit: You paid part (or all) of the deposit when the property was purchased
• Mortgage payments: You contributed regularly or substantially to the mortgage
• Renovations or improvements: You funded or carried out significant renovations that increased the property’s value

2. Common Intention Constructive Trust

• There was a mutual understanding or agreement that you would have a share in the property
• You relied on that understanding, and acted to your detriment (e.g., gave up a job, paid bills, or undertook refurbishments)

3. Resulting Trust

• You contributed directly to the purchase price, and the court infers that you should have an ownership stake proportionate to your contribution
• This is usually applicable to investment properties

4. Occupation and Contributions to Household

• You lived in the property and contributed substantially to household expenses, bills, or upkeep, which can sometimes be argued as indirect contributions to the property

5. Property Bought in One Name for Practical Reasons

• The mortgage or title was kept in one name due to credit issues, but both parties intended joint ownership from the start

Whether resolving a claim for a financial interest or seeking an order for sale, TOLATA is an essential tool for those navigating complex personal and property entanglements. Pepperells Solicitors have a dedicated team of property dispute experts that can help you navigate this complex area of law and negotiate your interest.