TOLATA Claim Solicitors

Disputes over property ownership can arise when a relationship breaks down or when friends, relatives or former partners disagree about their respective rights to a shared home. This is often the case when a property is legally owned by one party but another person claims a financial interest due to their contributions to the purchase, mortgage or upkeep. These situations can be legally and emotionally complex, particularly when no formal agreement is in place. The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) provides a legal mechanism to resolve such disputes, but making or defending a claim requires careful consideration of financial evidence, legal ownership and beneficial interests.

At Clough & Willis, our specialist solicitors help individuals work through disputes about property ownership and bring clarity to situations where financial stakes and legal rights are contested. We understand that pursuing legal action can be challenging, especially when there’s a personal history involved or the other party is unwilling to cooperate. Whether you are seeking the sale of a property, wish to protect your interest in a home or need to defend against a claim, we provide the guidance and representation required at each stage of the TOLATA process.

To speak to one of our experienced property dispute solicitors about bringing or defending a TOLATA claim, call 0800 083 0815, or complete our online enquiry form to request a call back.

Why Choose Clough & Willis?

The property litigation team at Clough & Willis has extensive experience dealing with disputes involving legal and beneficial ownership under TOLATA. Our approach focuses on resolving disputes constructively through alternative dispute resolution where possible - saving our clients time, cost and stress.

We regularly act in cases involving former partners, family members and joint owners who cannot agree on the division or sale of a property. Whether you are asserting a financial interest in a home or defending a claim made against you, we will work to protect your position and secure a legally binding outcome that reflects your contributions and entitlement.

Clients choose us because:

• We understand this complex area of law: our solicitors are well-versed in trust law, property law and civil procedure rules governing TOLATA claims.
• We prioritise resolution: we explore settlement opportunities before legal proceedings become necessary, including pre-action letters and without-prejudice discussions.
• We represent you throughout: if court proceedings become necessary, we offer strategic and practical legal representation in either a county court or the High Court.

We provide straightforward advice from the moment you contact us, and stay by your side throughout so you can make informed decisions at every stage of the TOLATA claim process.

What Is a TOLATA Claim?

A TOLATA claim refers to a legal application made under the Trusts of Land and Appointment of Trustees Act 1996, usually to determine each party’s interest in a property and how it should be treated - for example, whether it should be sold or one party should buy out the other’s financial interest.

These claims typically arise in disputes involving:

• Unmarried couples who have separated.
• Friends or relatives who bought a property together.
• Family members contesting inherited property.
• One party asserting an interest despite not being the legal owner.

A TOLATA claim may be brought by a person seeking a declaration of their beneficial interest, an order for sale of the property or a determination of how proceeds should be divided.

When Can I Bring a TOLATA Claim?

You may be able to bring a TOLATA claim if:

• You made direct or indirect financial contributions to a property you do not legally own.
• The legal ownership does not reflect the agreement or understanding between you and the other party.
• The property was purchased in one person’s name but intended to be shared.
• There is a substantial dispute over ownership or occupation rights.
• You wish to force a sale or prevent one.

Claims may be made against a former partner, co-owner or family member where there is a disagreement over property rights.

The TOLATA Claim Process

TOLATA claims follow the civil procedure rules and usually proceed through the county court. The process typically involves:

1. Pre-action stage: your solicitor will send a pre-action letter to the other party setting out your claim, legal position and a request for resolution.
2. Filing the claim: a claim form is submitted to court, along with a statement of case and supporting documentation.
3. Case management conference: the court sets directions for the exchange of evidence and procedural steps.
4. Disclosure and witness statements: both parties submit evidence, including any financial records, correspondence and oral evidence.
5. Pre-trial review and final hearing: The case is heard before a judge, who will issue a judgment and, if appropriate, make orders regulating property ownership.
6. Judgment: once the hearing concludes, the judge will consider the evidence submitted and issue a decision. This may include declarations of beneficial ownership, orders for sale or directions on how proceeds should be divided. The court may also make an order on costs, requiring one party to contribute towards the other’s legal expenses. This is usually influenced by the conduct of both parties during proceedings and the outcome of the case.
7. Enforcement (if necessary): if one party does not comply with the court’s order - for example, refusing to vacate the property or transfer funds - enforcement action may be required to implement the outcome.

In some cases, especially where there are multiple interested parties or complex financial arrangements, the matter may be transferred to the High Court.

Alternatives to Court Proceedings

We aim to find a resolution using alternative dispute resolution methods wherever possible. Mediation, roundtable discussions or solicitor negotiations often achieve a binding agreement without needing a trial.

Alternative resolution methods can:

• Avoid expensive legal costs.
• Minimise hostility between parties.
• Allow more flexible and confidential outcomes.

We will advise you on the benefits and drawbacks of these approaches to your case based on your specific situation.

Common Issues in TOLATA Disputes

TOLATA claims often involve emotionally and financially complex situations, particularly where relationships or informal arrangements have broken down. The following are some of the most frequent points of contention:

• Financial contributions: claims often rely on proving that one party contributed financially through a deposit, mortgage payments or renovations.
• Legal versus beneficial ownership: disputes commonly arise when only one party is the legal owner, but the other claims a beneficial interest.
• Written agreements: the existence - or lack - of cohabitation or trust agreements can affect outcomes.
• Occupation rights: questions of who can remain in the property and who should vacate are common in relationship breakdowns.
• Sale of the property: where one party wants to sell but the other refuses, an order for sale may be necessary.
• Claims involving family members: inherited property or financial help from relatives may complicate ownership claims.

Each case turns on its own facts, but these common issues form the basis of many TOLATA disputes and often shape how claims are approached and resolved.

FAQs About TOLATA Claims

How much does a TOLATA claim cost?

Costs vary depending on whether the claim settles early or proceeds to a final hearing. You will need to budget for solicitor fees, possible barrister fees, court fees and costs associated with gathering evidence. We will always provide clear guidance on your likely legal costs and discuss options for managing or recovering those costs.

What is the time limit for bringing a TOLATA claim?

TOLATA claims are usually subject to a limitation period of six years under the Limitation Act 1980. This typically runs from the date when the dispute arose or when the claimant’s right to bring the claim accrued. However, the exact limitation period can vary depending on the circumstances - particularly where claims involve breaches of trust or where equitable remedies are sought.

Because the applicable timeframe can depend on the specific facts of the case, it’s important to seek legal advice as early as possible.

What does a TOLATA claim involve?

A claim involves identifying each party’s financial interest, collecting evidence, and - if no agreement can be reached - applying to the court for a declaration of ownership or an order for sale. It requires detailed consideration of financial records, intentions at the time of purchase, and the parties’ conduct throughout the relationship.

What does TOLATA law cover?

TOLATA law governs disputes over trusts of land - typically where the legal title of a property does not reflect the financial contributions or expectations of the parties involved. It allows the court to determine beneficial ownership, enforce or vary property interests and order a sale where appropriate.

What happens during TOLATA proceedings?

The process involves submitting a claim form, exchanging evidence, attending case management conferences and, if necessary, a final hearing where the judge considers all the evidence submitted. The court may make orders affecting ownership, sale or occupation rights based on the legal and beneficial interests established.

Can unmarried couples bring a TOLATA claim?

TOLATA is most commonly used by unmarried couples who have separated and disagree over their respective rights in a shared property. As common law marriage does not exist as a legal concept in England and Wales, legal representation may be required to prove beneficial ownership when one partner is not on the title deeds.