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Property Disputes In Separation
Property rights when unmarried couples separate…
Get in touch
Speak to our dispute resolution team who can provide you with expert advice and representation, to give you the very best chance of realising your interest in the property.
When a relationship ends, one of the first questions people ask is: “What happens to our home?” If you’re not married, your rights are very different from those of a married couple, and it’s common to feel unsure whether you can stay, sell, or claim a share of the property.
What are my rights if I’m not on the deeds?
If you are not legally married, disputes about who owns a property and who can live in it are usually dealt with under the Trusts of Land and Appointment of Trustees Act 1996 (often called TOLATA).
Under this law, you may be able to ask the court to decide whether you have an interest in a property and, if so, what that interest is – even if your name is not on the title or mortgage. The court will look at factors such as:
Contributions to the deposit or purchase price
Mortgage payments you’ve made
Significant improvements to the home
Any agreements or understandings you had with your partner
Common questions we help with:
What happens to property when unmarried couples separate?
When married couples separate, property and financial matters are typically resolved under family law, such as the Matrimonial Causes Act 1973. However, these laws do not apply to unmarried couples.
For unmarried couples, disputes about property ownership and the right to live in a shared home are dealt with under a different area of law.
What is TOLATA?
TOLATA stands for the Trusts of Land and Appointment of Trustees Act 1996. This legislation gives the Court the power to resolve disputes between individuals regarding property ownership and occupation.
It is the primary legal framework used when unmarried couples disagree about their rights in a property.
When can a TOLATA claim be made?
A person may apply to the Court under TOLATA for several reasons, including:
- Seeking an order for the sale of a property
- Determining each party’s share or interest in the property and any proceeds of sale
- Requesting the right to reoccupy a property if they have been excluded by a former partner
Can I be forced to leave the property?
The court can look at who has the right to occupy the home and may decide whether the property should be sold, retained or whether one person has a right to live there for a period of time. We can advise you on your options and the likely approach the court might take based on your circumstances.
Do I have a share if I paid more towards the deposit or mortgage?
Financial contributions can be very important in TOLATA claims. Evidence of payments towards the deposit, mortgage or significant improvements can support a claim that you have a beneficial interest, even if only one name appears on the legal title.
What if we can’t agree on what to do with the house?
If negotiations fail, either party can apply to the court under TOLATA to resolve ownership and occupation disputes. The court can, for example, order that a property is sold and decide how the sale proceeds should be divided.
Do we have to go to court?
Court proceedings are usually a last resort. They can be costly, stressful and take many months. All parties are expected to try to resolve disputes in a way that is proportionate, which can include solicitor‑to‑solicitor correspondence, mediation or round‑table meetings. A person who unreasonably refuses to explore settlement options may be penalised on costs by the court.
How we approach TOLATA disputes
TOLATA cases are governed by the Civil Procedure Rules, and it’s important that they are handled by lawyers who understand this area of law and the practical steps the court expects you to take.
Our Dispute Resolution Team Will:
- Review your situation and any available documents (title deeds, mortgage statements, agreements, correspondence).
- Advise you on whether you may have an interest in the property and what evidence the court is likely to consider.
- Explore negotiation, mediation or other settlement options wherever appropriate, to try and resolve matters without the need for court proceedings.
- Represent you if proceedings do become necessary, guiding you through each stage and advising you on risks, timescales and likely costs.
Why speak to Pepperells?
Here at Pepperells, we have a team of experienced lawyers within our Dispute Resolution Department who regularly act in property disputes following the breakdown of unmarried relationships. We provide clear, realistic advice and representation, aimed at giving you the best chance of protecting your interest in the property and resolving matters proportionately.
“My experience with Simon Davies and his team was excellent. He made me feel very comfortable and was very personable but also his expertise and his advice gave me lots Of self esteem and confidence. I will definitely recommend him to anyone who needs assistance in that category but I would also use Pepperells solicitors if I needed help in any other area. From walking through the door I was made to feel very comfortable. This was a very pleasant all round experience.”
Next Steps
If you’re separating and worried about what happens to your home, you can contact our team for an initial discussion about your situation. We’ll explain your options, the potential costs involved and whether a TOLATA claim may be appropriate in your case.
Words from our clients
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Request a Consultation
Consult with our experienced team for complete solutions to your legal issues.
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