ToLATA Claims Solicitors
Protecting your financial interests in property disputes
When two or more people disagree about who owns a property, or what should happen to it, the courts can step in under the Trusts of Land and Appointment of Trustees Act 1996 (ToLATA).
At Parachute Law, our expert solicitors can advise you on making or defending a ToLATA claim, and help you reach the best outcome with the least stress.
What is a ToLATA Claim?
A ToLATA claim is a court application to decide who has an interest in a property and in what proportions. The court applies Civil Procedure Rules (CPR) to make its decision.
The court can decide:
- Whether a jointly owned property should be sold
- What shares each co-owner is entitled to
- Whether someone has a beneficial interest even if they are not on the legal title
- Whether a property held on trust should be sold at the request of a creditor or a beneficiary (e.g. a parent or grandparent who contributed money)
The court cannot:
- Vary or adjust the legal ownership shares
- Force one person to sell or transfer their share to the other
- Compel one trustee to act outside the terms of the trust
- Order one party to buy out the other
What the Court Can & Cannot Do Under ToLATA
The Court Can | The Court Cannot |
Decide if a jointly owned property should be sold | Vary or adjust the legal ownership shares |
Determine what share each co-owner is entitled to | Force one owner to sell or transfer their share |
Recognise a beneficial interest even if someone is not on the legal title | Compel a trustee to act outside the terms of the trust |
Order the sale of a trust property at the request of a creditor or beneficiary (e.g. parent or grandparent) | Order one party to buy out the other |
ToLATA Claims for Unmarried Couples
Most ToLATA cases involve cohabiting couples who are not married or in a civil partnership.
Myth: “Common law marriage” gives you rights.
This is not true in England and Wales. Unmarried couples have no automatic right to property if their name is not on the title.
Disputes often arise when one partner believes their contributions (e.g. paying the mortgage or funding renovations) give them a share of the property, but the legal owner disagrees.
A ToLATA claim can be used to:
- Recognise a beneficial interest
- Establish the percentage split of ownership
- Decide whether the property should be sold
Tip: To avoid future disputes, consider a Cohabitation Agreement or Deed of Trust before problems arise.
Other Uses of ToLATA
ToLATA isn’t only for couples. It can also be used by:
- Family members (e.g. parents or grandparents who invested money)
- Creditors seeking repayment from property equity
- Trustees managing property disputes
Can You Settle Without Court?
Yes. The Act encourages out-of-court settlements, provided they are:
- Fair
- In the best interests of any children involved
- Agreed by both parties
Settling early through mediation or solicitor negotiation usually saves time, money, and stress. Our solicitors can guide you through this process.
The ToLATA Claim Process
- Letter before claim – claimant sets out their case with evidence
- Response – defendant must reply within a short deadline
- Early settlement – attempt to resolve via mediation or negotiation
- Court application – if no settlement is reached, the case proceeds to court
You will need to show:
- What contributions you made (deposit, mortgage, maintenance, improvements)
- Any agreement or understanding that ownership would be shared
- That you acted to your detriment in reliance on that understanding (e.g. giving up work to raise children while the other partner paid the mortgage)
If the court finds you have a beneficial interest, it may impose a constructive trust to recognise your share.
Defending a ToLATA Claim
To protect yourself:
- Be clear from the outset about property intentions
- Keep records of financial contributions (and whether they were gifts or investments)
- Formalise shares in a written deed or declaration
If you’re already facing a claim, gather all relevant evidence (emails, texts, financial records) and seek advice from a solicitor. We can assess the strength of the claim and negotiate to protect your position.
ToLATA Court Fees
Court fees vary depending on the claim value. Generally, the losing party pays the winner’s costs, but each case is fact-specific.
Our solicitors can assess your likely fees and risks before you proceed.
How Parachute Law Can Help
- Early advice: Reduce conflict and legal costs with clear legal guidance.
- Mediation & negotiation: Aim for settlement before court.
- Court representation: Strong advocacy if your case does go to trial.
- Tailored strategy: Whether you’re making or defending a claim, we’ll protect your financial interests.
