Key takeaways
Cohabitation does not create legal rights
Living together does not give the same legal protections as marriage or civil partnership.
TOLATA resolves disputes about shared property
The Court can decide ownership, occupation and sale of property.
Early advice can shape the outcome
Understanding your position early can help you decide next steps and avoid litigation.
Cohabiting couples are one of the fastest growing family groups in the UK. Despite this, many are surprised to learn that living together does not provide for the same legal protection as a marriage or civil partnership.
When a relationship ends, or a partner passes away, cohabiting partners have no automatic rights to each other’s assets. Disputes around ownership can quickly become complex and emotionally charged.
We introduce the core principles of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), explain what it is, when it applies and how cohabiting couples can use it to resolve disputes about property ownership, occupation or the sale of a shared home.
What is TOLATA and what does it cover?
For those who are not married, the main legal route for resolving a property dispute is the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). This legislation provides a mechanism for the court to determine:
who holds an interest in a property
the size of any ownership
whether the property should be sold
who is entitled to occupy
Under TOLATA, the court has the power to:
order the sale of a property and decide how the proceeds should be divided
determine who owns the property and who has a beneficial interest in the property
regulate occupation
It’s commonly used by cohabiting partners, relatives or friends who own (or believe they own) a share in a property together.
TOLATA claims fall within the civil jurisdiction of the County Court and the High Court, entirely separate from the family court. However, where children under 18 are involved, applications are made under the Children Act 1989 and are dealt with in the family court.
When might a TOLATA claim be needed?
There are several property dispute situations that may need an application made under TOLATA. They include:
seeking a declaration of your share in a property
one person wishes to sell the property while the other doesn’t
a partner has contributed to substantial renovations on a property they don’t legally own
a partner remains in the home with shared children and wants to delay a sale until they’re older
joint owners disagree about who should remain in the house post separation
Each case is fact specific. Matters such as financial contributions, intentions at the time of purchase, and how the property was treated during the relationship can all be highly relevant. Early legal advice can therefore make a meaningful difference to both strategy and outcome.
How Hill Dickinson can support you
TOLATA matters can feel daunting, particularly for those unfamiliar with civil litigation. At Hill Dickinson, we work closely with you to help you understand how the patchwork of laws around property, trusts and contract function and help you exercise your rights.
If you’d like to talk through your situation or explore how we can support you through a cohabitation dispute, our Dispute Resolution team is here to help.
