I am not on the title deeds. Can I still make a TOLATA claim?

Possibly, yes. Being left off the title deeds does not necessarily mean you have no legal interest in the property. If you contributed money towards the purchase or the mortgage, or if there was a clear understanding between you and the other person that you would have a share, you may have what is called a beneficial interest. We can look at your specific situation and tell you whether a claim is likely to succeed.

What can the court do in a TOLATA case?

The court can declare what share of the property each person owns, order that the property be sold, decide how any sale proceeds are divided, or make orders about who can live in the property. The court will consider a range of factors, including what each person intended when the property was bought, the needs of any children living there, and the interests of anyone who has used the property as security for a loan.

Do we have to go to court for a TOLATA dispute?

Not necessarily. Many disputes are resolved through negotiation or mediation once both sides have had legal advice about their positions. Going to court is a last resort, not a first step. We will always try to reach a settlement outside of court first, and most cases do settle before a final hearing.

How long does a TOLATA claim take?

If both sides are willing to negotiate, a resolution can sometimes be reached within a few months. If the matter goes all the way to a contested court hearing, it can take a year or more. Getting advice early and acting promptly gives you the best chance of a quicker and less expensive outcome.

Can a TOLATA claim run alongside other family legal matters?

Yes. If you also have children together, issues around child arrangements are dealt with separately in the family court. It may also be that an application under Schedule 1 of the Children Act 1989 for financial provision needs to be made alongside any TOLATA proceedings. We regularly handle both sides of a situation simultaneously and ensure everything is coordinated properly.

How much does it cost to get TOLATA legal advice?

The overall cost will depend on factors such as the complexity of your matter and the solicitor handling your case. Please visit our pricing page at https://www.purcellsolicitors.co.uk/pricing/ for more details.

Divorce Financial Settlements Solicitors in Milton Keynes

Q: What is a TOLATA claim?

A TOLATA claim is a legal claim brought in the civil courts where one person asks the court to decide who owns a property and in what shares. It can also be used to ask the court to order a sale of a property, or to confirm that someone has the right to occupy it.

Q: What if my ex-partner refuses to sell the property?

If you jointly own a property and your co-owner will not agree to sell, a court can order a sale in certain circumstances under TOLATA. We can advise you on whether the facts of your case would support that kind of application and what the process would involve.

Jump to: How We Can Help Why Us? What We Can Offer Our expertise Frequently Asked Questions

TOLATA solicitors Milton Keynes – Purcell Solicitors property dispute team in consultation

“Excellent service and highly professional. Purcell’s clearly understood my needs, I would strongly recommend Purcell’s as they got me the outcome I wanted with my family.” – Review Solicitors

How we can help

If you and someone else who lives with you disagree about who owns a property, or what share each of you is entitled to, our Family Law Solicitors can advise and represent you.

Property disputes between unmarried coupler can be incredibly stressful. You may have contributed money to a property that is not in your name, or you may be in a situation where your co-owner wants to sell, and you do not. These disputes are far more common than most people realise, and they can be resolved.

The law that governs these situations is the Trusts of Land and Appointment of Trustees Act 1996, usually shortened to TOLATA. It gives the civil courts the power to decide who owns a property, what share each person holds, and whether a sale can be ordered. These cases are heard in the civil courts, not the Family Court, which is one reason why specialist advice matters.

At Purcell Solicitors, we advise couples across Milton Keynes, Buckinghamshire, Northamptonshire, Bedfordshire, Oxfordshire, and the wider Thames Valley. Our team are highly ranked in Chambers and Partners for family and divorce law, and all of our solicitors are Resolution members committed to helping you reach sensible, fair agreements in a non-confrontational manner.

Why Us?

Why Purcell Solicitors?

Property disputes between people who were in a relationship are not purely legal problems. They are often bound up with difficult emotions, practical worries about where you will live, and uncertainty about the future. We understand this. Our team will give you honest, clear advice on the strength of your position and the most sensible way to resolve the matter.

If you are caught up in a relationship breakdown dispute and are not sure where you stand, do not wait. Early advice makes a real difference.

Phone: 01908 693000 or complete our online contact form.

Book a call today and we will give you a clear picture of your options and what the process would involve.

Couple in dispute over jointly owned property – TOLATA claim advice from Purcell Solicitors

What we can offer

Our TOLATA legal services

Our TOLATA solicitors in Milton Keynes will work with you and advise you in relation to:

Advising you on whether you have a legal claim to a share of a property that is not in your name.
Helping you gather and assess the evidence needed to support your case.
Writing to the other party to set out your position and seek an early resolution before any court involvement.
Preparing and issuing a formal court claim if a settlement cannot be reached.
Applying to the court for an order requiring a property to be sold.
Applying to the court for a declaration confirming each person’s share of a property.
Advising on your right to occupy a property and what to do if you have been excluded.
Assisting you with mediation, which is often a faster and less costly alternative to court.
Coordinating your property dispute with any related family matters, such as arrangements for your children.

Our-Expertise

Who we are

Our core unmarried couples legal team is made up of

Pauline Purcell, Managing Director, Family Solicitor, Mediator, Collaborative Lawyer and Family Arbitrator, with over 30 years of experience.

Mandi Austin, Director, Family Law Solicitor, a member of Resolution and an accredited specialist on the Law Society Family Law Panel, with over 25 years of experience in family law as a qualified solicitor.

Lisa Buckridge, Director, Family Law Solicitor, Collaborative Lawyer, Family Mediation Council-accredited Mediator, and fully accredited in Child Inclusive Mediation, with over 20 years of experience in family law

Haidee French – Family Law Solicitor, a Member of Resolution and an accredited specialist on the Law Society Family Law Panel with over 12 years of experience in family law

Stephanie Dodman, Family Law Solicitor, member of Resolution.

Chantelle Pusey, Trainee Solicitor