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.
McKenzie Friend for TOLATA Claims After Separation
Affordable legal help on dividing your property & assets when you’re unmarried.
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.
We know you’re likely dealing with:
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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helped families like yours.
What is a TOLATA Claim?
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.
How TOLATA Protects Unmarried Couples
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.
Why TOLATA Might Be Right for You
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.
Get Help from McKenzie Friends UK
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.
How TOLATA Claims Work – What You Need to Know
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.
Sale of the Property
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.
Ownership Shares
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.
Occupation Rights
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.
Third-Party Investments
If family members contributed financially, TOLATA also allows courts to factor in their interests when determining ownership.
Children's Stability
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.
Our Approach to TOLATA Claims
Consider Your Family Needs
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.
Prepare For Court, If Needed
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.
Access With Evidence Collection
Courts require proof of financial contributions and intended ownership. Our friendly McKenzie team guide you on gathering mortgage payments, renovations, and household expenses documentation.
Fight for your fair share—affordable McKenzie Friend support for a successful TOLATA outcome!
We’re offering a FREE consultation (office or video call) to discuss your rightful share.
Common Questions On TOLATA Claims
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.
Family Court Help Wherever You Need It
Locations: 3 offices + in-person/remote support at major UK family courts.
We can also travel to your court for assistance wherever you are.
Main Office - Birmingham
Regional Office - London
- +44 20 8150 6881
- info@mckenziefriend.net
- Mon - Sunday (9 AM - 8 PM)
- 5 Chancery Ln, London WC2A 1LG, United Kingdom
Regional Office - Manchester
- +44 161 669 6269
- info@mckenziefriend.net
- Mon - Sunday (9 AM - 8 PM)
- 3 Piccadilly, Manchester M1 2BN, United Kingdom
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Own your rights in shared property disputes—affordable TOLATA help is just a call away.
