Top 10 TOLATA Law FAQs

1 - What is a TOLATA claim?

A TOLATA claim is a court application under the Trusts of Land and Appointment of Trustees Act 1996. It is used to resolve disputes about property ownership between people who jointly own or have an interest in a property, often following the breakdown of a relationship.

2 - Do I have a claim if my name is not on the title deeds?

Yes, you may still have a claim. Even if your name is not on the legal title, you may be able to establish a beneficial interest in the property based on financial contributions, agreements, or conduct between the parties.

3 - How is a beneficial interest in property determined?

The court will consider the parties' intentions and conduct. This can include financial contributions to the purchase, mortgage payments, renovations, or any agreement about ownership. Each case depends heavily on its facts.

4 - What happens if there is no declaration of trust?

If there is no declaration of trust setting out ownership shares, the court will determine each party’s interest based on evidence of intention and contributions. This often leads to more complex and disputed claims.

5 - Can I force the sale of a jointly owned property?

Yes. Under TOLATA, the court has the power to order a sale of the property where appropriate. This is commonly sought where co-owners cannot agree on what should happen to the property after separation.

6 - What is the difference between legal ownership and beneficial ownership?

Legal ownership refers to whose name is on the title deeds. Beneficial ownership refers to who is entitled to the value or proceeds of the property. These can be different, particularly in cohabitation disputes.

7 - How long do I need to have lived together to have a claim?

There is no minimum period of cohabitation required to bring a TOLATA claim. Property rights are not automatic and do not depend on the length of the relationship, but on evidence of intention and contributions.

8 - Does the "common law spouse" concept give me property rights?

No. There is no such legal status as a common law spouse in England and Wales. Living together does not automatically grant you property rights, which is why TOLATA claims are often necessary.

9 - What factors will the court consider in a TOLATA dispute?

The court may consider a range of factors, including:

• financial contributions to the purchase and mortgage
• agreements or discussions about ownership
• non-financial contributions in some cases
• the conduct of the parties in relation to the property.

10 - How can a solicitor help with a property ownership dispute?

Birketts is a full-service law firm with a dedicated property ownership disputes team. Our specialist TOLATA solicitors can assess the merits of your claim, gather evidence, advise on your likely entitlement, and represent you in negotiations or court proceedings. Early legal advice can often help resolve disputes without litigation.