Dealing with a relationship breakdown can be difficult enough without also having to worry about disputes as to ownership of property or financial arrangements after separation. The breakdown of a relationship for an unmarried couple can often be more complex than when a marriage breaks down.
What is a TOLATA dispute?
When unmarried couples own property together, or live together in a property in the sole name of one party, the law is governed by complex Trust rules. Disputes between separating parties might include:
Ownership and beneficial interests in the property (particularly if the property is owned in the sole name of one party)
Who can remain in the property
Whether and when the property should be sold and how any proceeds should be divided
Where it is not possible to reach an agreement about these issues, an application can be made under the TOLATA legislation (Trusts of Land and Appointment of Trustees Act) for the court to determine the issue. This area of law can be very complex involving complex legal argument. It is very important therefore to get specialist legal advice at an early stage.
Why choose Trethowans?
Our cohabitation solicitors offer clear and practical advice on your specific situation to safeguard your interests and to avoid costly and lengthy court proceedings. If court proceedings are necessary, we will offer robust and specialist advice protecting your interests at all times. If you need to make or defend a claim under this legislation, our dedicated team of cohabitation solicitors can help.
The team are members of Resolution, which follows a code of practice to ensure that your personal circumstances are dealt with in the most dignified and constructive manner.
Our expert cohabitation solicitors are located in either Salisbury, Southampton, Winchester, Poole, Bournemouth and London (by appointment only) can help in putting your affairs in order Please contact our family law team to arrange a free initial consultation or call us 0800 2800 421.
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“I instructed Trethowans to act for me in a dispute with my ex partner regarding a house we jointly owned. I was incredibly pleased with the service I received from the Trethowans team, especially Heidi Cardoza and Grant Cameron. They were incredibly professional, knowledgeable and explained the legal position clearly at every stage, which was especially important given how stressful and emotionally charged the situation was. Communication was prompt and consistent, and I always felt my concerns were taken seriously and addressed. The advice provided was practical and well-considered, and I felt confident that my case was being handled thoroughly and fairly. Thanks to their work, the matter was resolved efficiently and with a good outcome. I would not hesitate to recommend Trethowans to anyone needing legal advice or support.”
“Great service from Trethowans as they handled my Divorce. Jacqueline Reeves was quick, compassionate, thorough and helped me through the process to a satisfactory conclusion. Thoroughly recommend.”
Jo W via Trustpilot
“Emma Wilders-Pratt is incredibly hard working and supportive of her team. She is an excellent practitioner with an extensive knowledge of the law and practice. She shows great empathy with clients and takes away the pressure from them. She is highly regarded by her clients for her supportive nature and fights hard for them to get the best outcome they could possibly want.”
Legal 500, 2026
“Trethowans are a one stop shop for all legal services covering 3 counties making its legal prowess unrivalled for a firm of their size in the county. Uniquely, what is not lost with their size is their down to earth and approachable demeaner. The size of the family team allows them to offer skills and expertise at any level for any client.”
Legal 500, 2025
“The team at Trethowans is great and they have a really friendly ethos and work well together. They are very ably led by Emma-Wilders Pratt.”
Legal 500, 2025
“In my view, the go to firm for family law in the local area.”
Legal 500, 2025
“Trethowans are a fantastic South Coast firm. I have used them for personal matters as well as recommending their Family Law team to friends and family. They have depth to their team, covering all levels of experience as well as a wide geographical spread. The Family Law team are cohesive and work exceptionally well with one another providing an outstanding service to their client base.”
Legal 500, 2025
“Paige was understanding of my situation and worked with professionalism and efficiency throughout the process.”
Client
“I wanted to thank you for all the work you carried out for my divorce which has now finally concluded after such a long haul. I felt very comfortable all the way through knowing that I was in your hands and appreciated your support as well as professional guidance.
I will definitely recommend Trethowans to anyone who finds themselves in the same situation since I now understand the complexity of the entire process.”