Property disputes after separation can be messy, especially for unmarried couples without automatic rights. If you’ve invested in a home, you deserve to know where you stand. With TOLATA support, we’ll help you understand your rights, protect your share, and resolve conflicts — without the high legal costs.
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Things are a bit different for an unmmaried couple. Unlike married couples, they do not share automatic rights to each other’s assets, money, or property. There is no “common law marriage” recognition in England and Wales, so TOLATA is essential to resolve any claims of ownership or financial entitlement over shared property. If you’ve invested financially or emotionally into a property, it’s only fair that your contributions are recognised in a legal and orderly way.
Disputes over the family home can be emotionally exhausting, especially when the property has sentimental value. TOLATA offers a structured way to protect your rights, get a fair resolution, and avoid prolonged disputes. Whether you want to stay in the home, divide ownership fairly, or looking for a buyout, TOLATA can help secure what matters to you.
Here’s how TOLATA can work for you:
We help you identify if you hold a ‘beneficial interest’ in the property, even if you’re not the registered owner, and determine how this might be valued.
TOLATA claims can end up in court, especially if the other party disputes your interest. Our McKenzie Friends support you with preparation and documentation for the strongest possible case.
If children are involved, things might get trickier. Our experts in family law consider the welfare impact on them, helping you plan for housing stability.
Courts require proof of financial contributions and intended ownership. Our friendly McKenzie team guide you on gathering mortgage payments, renovations, and household expenses documentation.
We’re offering a FREE 30-minute consultation (office or video call) to discuss your family mediation case.
Call us at 0121 582 2499 or Request a Free Callback
Legal ownership refers to whose name is on the title deeds. Beneficial ownership considers who has a financial stake in the property, which may not be reflected on the title deeds. Under TOLATA, beneficial owners can claim their share even if they are not on the legal title.
The timeline for a TOLATA claim can vary. It often starts with a ‘Letter Before Claim’ to initiate your case and give the other party a chance to respond. If negotiations fail, the court process can take several months, depending on case complexity and court availability.
Depending on the circumstances, the court may allow one party to remain in the property, particularly if children are involved, until a final decision is made.
Courts examine contributions, intent, and any written agreements. Mortgage payments, significant improvements, and the sharing of household expenses can all influence how much each party is entitled to.
A McKenzie Friend’s cost depends on how complicated your case is and their experience. However, they’re generally much cheaper than hiring a lawyer. While initial in-depth consultations with McKenzie Friends typically start around £100, we offer a free initial consultation for the first 30 minutes to discuss your case and determine how we can assist you further.
Locations: 3 offices + in-person/remote support at major UK family courts.
We can also travel to your court for assistance wherever you are.
If you’re facing a property dispute, don’t wait until the situation escalates. Get affordable help from Trusted McKenzie Friends!