Access Your Property Rights
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.
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.
👉 Your name is not on the property title, but you’ve contributed to mortgage payments or improvements.
👉 Disagreements over who stays in the property, or whether the property should be sold.
👉 Concerns about the future home arrangements for children involved.
👉 Lack of clear documentation on ownership is causing confusion and conflict.
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The Trust of Land and Appointment of Trustees Act 1996 (TOLATA) is a legal solution for all unmarried partners
facing property disputes after separation. Unlike married couples, unmarried partners do not automatically gain rights to
each other’s property, which can create serious challenges—especially when the property is a primary shared asset.
TOLATA allows individuals to protect their financial investment, secure fair rights to their home, and get clarity on
who owns what.
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.
If needed, we bring in financial experts to help accurately value assets or uncover hidden funds, so you get a fair view of what’s at stake. We’re here to help you reach a settlement that gives you peace of mind and sets you up for a stable future.
In the past, one person had to file for divorce and the other person was called the respondent. This often led to conflict and unnecessary drama. Now, both of you can apply jointly for the divorce if you agree. It’s called a joint application, making it much easier and less stressful.
If you prefer to apply alone, you can still do that, but the process is straightforward and without blame. It’s no longer a “him vs. her” situation.
If you’re ready to sell but your partner isn’t, TOLATA lets the court order a sale and split the proceeds fairly. This is especially helpful when both of you have invested in the property.
TOLATA looks at each person’s contributions—like mortgage payments, renovations, or regular upkeep—to work out your ownership shares. This means your financial input is recognised, even if it's not officially documented.
If you want to stay in the home, the court can decide who has the right to remain or, if necessary, order a sale to resolve the matter.
If family members contributed financially, TOLATA also allows courts to factor in their interests when determining ownership.
When children are involved, TOLATA considers their need for a stable home. This can influence who stays in the property or delay a sale for their welfare.
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.
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.
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.
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 rightful share.
Locations: 3 offices + in-person/remote support at major UK family courts.
We can also travel to your court for assistance wherever you are.
Own your rights in shared property disputes—affordable TOLATA help is just a call away.
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