TOLATA Claims by Unmarried/Cohabiting Couples

: Written by: Arshad Mahmood; Last Updated: 17 May 2026

At Premium Solicitors, our experienced divorce and family law solicitors provide specialist legal advice and representation in TOLATA claims for unmarried couples in England and Wales. If you are separating from your unmarried partner and there is a dispute regarding property ownership, financial contributions, or beneficial interests in a property, our solicitors can help protect your rights through a claim under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).

We understand that disputes between unmarried couples concerning jointly owned or solely owned properties can be emotionally and financially stressful. Our dedicated team offers clear legal advice, strategic representation, and fixed-fee services where appropriate.

What Is TOLATA?

The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) is a law that allows unmarried couples and other parties with an interest in a property to resolve disputes concerning ownership, occupation, or the sale of a property.

Unlike married couples, unmarried couples do not have the same legal financial protections upon separation. Therefore, when disputes arise regarding property ownership, unmarried couples often need to rely on TOLATA claims to establish their legal or beneficial interest in a property.

A TOLATA claim may arise where:

One partner owns the property in their sole name, but the other partner contributed financially;
The parties disagree about their shares in a jointly owned property;
One party seeks an order for the sale of the property;
There is a dispute over mortgage payments, deposits, renovations, or financial contributions;
One partner claims a beneficial interest despite not being named on the title deeds.

Our team of family law solicitors can assess your circumstances and advise whether you may have a strong TOLATA claim.

TOLATA Claims for Unmarried Couples

Many unmarried couples mistakenly believe they automatically acquire rights similar to married couples through “common law marriage.” However, there is no such legal status in England and Wales.

If an unmarried relationship breaks down, property disputes are generally determined according to:

Legal ownership;
Financial contributions;
Agreements between the parties;
Conduct and intentions regarding ownership;
Trust principles under property law.

Our solicitors can assist unmarried couples with:

Claims for beneficial interest in property;
Declarations of trust disputes;
Applications for an order for sale;
Property ownership disputes after separation;
Cohabitation disputes;
Disputes involving family homes and investment properties;
Negotiating settlements without court proceedings;
Representation in TOLATA court proceedings.

Cohabitation Disputes

Common law marriage is not legally recognised in the UK. Couples who live together without being legally married or in a civil partnership are categorised as cohabiting. This includes religious-only marriages conducted in the UK—such as the Islamic nikah—where no accompanying civil ceremony has taken place. In these circumstances, the couple is not legally married under English law.

Because cohabiting couples do not benefit from the same legal protections as married couples, it is paramount that they seek legal advice. Entering into a cohabitation agreement can provide clarity, protect assets, and reduce the risk of disputes should the relationship break down.

We can advise on:

Drafting bespoke cohabitation agreements, or reviewing and advising on existing agreements.
Cohabitation disputes, including issuing and managing Court proceedings where necessary.

What Is a Beneficial Interest?

A beneficial interest refers to a person’s financial interest in a property, even if their name is not registered as the legal owner at the Land Registry.

A court may recognise a beneficial interest where an unmarried partner has contributed towards:

The property deposit;
Mortgage payments;
Household bills linked to the property;
Renovation or improvement works;
Other financial arrangements indicating shared ownership.

Evidence is extremely important in TOLATA claims. Our solicitors can help gather and present evidence to support your case effectively.

Who Can Make a TOLATA Claim?

A TOLATA claim can usually be made by:

Unmarried couples;
Former cohabiting partners;
Joint property owners;
Individuals claiming an interest in property;
Family members involved in property disputes;
Parties contributing financially to a property owned by another person.
Orders the Court Can Make Under TOLATA

The court may make various orders under TOLATA, including:

Declaration of beneficial ownership shares;
Order for sale of the property;
Determination of each party’s financial interest;
Orders relating to occupation of the property;
Directions concerning property management.

Our experienced solicitors can represent you throughout negotiations, mediation, and court proceedings.

Evidence Required in a TOLATA Claim

Strong documentary evidence can significantly improve the prospects of success in a TOLATA case. Evidence may include:

Bank statements;
Mortgage payment records;
ext messages and emails;
Property purchase documents;
Evidence of renovation contributions;
Utility bills;
Agreements between the parties;
Witness statements.

At Premium Solicitors, we carefully prepare each case to maximise the chances of achieving a favourable outcome.

Can TOLATA Disputes Be Resolved Without Court?

Yes. Many TOLATA disputes can be resolved through:

Solicitor negotiations;
Mediation;
Settlement discussions;
Written agreements;
Consent orders where appropriate.

Resolving disputes outside court can often save time, legal costs, and stress. However, where negotiations fail, our solicitors can provide robust representation in court proceedings.

Why Choose Premium Solicitors for TOLATA Claims?

Our team of experienced divorce and family law solicitors offers:

Specialist advice for unmarried couples;
Extensive experience in property disputes;
Clear and practical legal guidance;
Competitive fixed-fee services, where suitable;
Remote consultations via Zoom, Teams, WhatsApp, or telephone;
Face-to-face appointments at our offices;
Representation throughout England and Wales;
Availability 7 days a week, 365 days a year.

We understand the complexities involved in cohabitation disputes and work diligently to protect our clients’ financial interests.

Specialist TOLATA Claims Solicitors in London

Our TOLATA claims solicitors are specialists in handling TOLATA claims. As one of the best TOLATA claims solicitors, we have an excellent track record of helping clients with TOLATA claims. Our highly experienced and fully qualified TOLATA claims solicitors can provide fast, friendly, reliable advice and legal representation for your TOLATA claim.

The high quality of legal services provided by our best team of divorce and family law solicitors is self-evident from the 5-star Google Reviews rating by 99% of our clients. Our London-based divorce and family law solicitors are available 7 days a week, 365 days a year, offering unwavering dedication and exceptional legal support for a wide range of divorce and family law cases. Our divorce and family law solicitors bring more than 5 decades of collective, specialised expertise to handle divorce and family law matters.

Meet Our Team of TOLATA Claims Solicitors in London

At Premium Solicitors, our strength lies in the expertise, dedication, and unwavering commitment of our TOLATA claims solicitors in London. We understand that divorce and family law matters are life-changing events, and our team is here to guide you through every step of the legal process with professionalism and care.

Our team comprises a diverse group of TOLATA claims solicitors, each bringing a wealth of experience and knowledge to the table. We are united by a shared goal: to deliver the highest level of legal support and advocacy tailored to your needs.