Property Disputes Between Unmarried Couples & How TOLATA Can Help

If you are unmarried and in a couple then you are considered to be cohabiting, and you are not covered by the same legislation as those who have married or entered into a civil partnership. Consequently you do not have automatic rights to make a claim against the other party if your relationship breaks down. The default position is that each party gets to keep their own property or documented share of any jointly owned property.

If you jointly own any property you will be either ‘joint tenants’ or ‘tenants in common’ (recorded at HM Land Registry). If you are ‘joint tenants’, you will be entitled to half the value of the property. If you are ‘tenants in common’ the percentage ownership that you are entitled to will have been recorded when you purchased the property.

However, if you have contributed financially to a property, for example towards renovations or mortgage payments, or were promised a share in the property, then The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) may be helpful.

Principally TOLATA is used to determine:

• who has the right to occupy a property
• the extent of each parties’ ownership

TOLATA can also be used if you wish to be removed from a property’s title or mortgage in order to give up interest in a property.

Mutually beneficial arrangements reached through dispute resolution usually save both parties time and money, rather than proceeding all the way to court.

If it is not possible to agree out of court and a TOLATA claim is taken to court, it can order the sale of a property, declare shares in the property, and make compensatory orders.

We understand that separating from a partner can be a very difficult time and it is advisable to discuss your situation with a solicitor at the earliest opportunity to determine what are the most appropriate options for your individual situation.

If you are considering separation, then call RDC Solicitors on Bingley 01274 723858, Ilkley 01943 601173 or Bradford 01274 735511 and book your FREE initial consultation.