Property Disputes between Unmarried Couples (TOLATA)

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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