A TOLATA cohabiting property dispute is a claim under the Trusts of Land and Appointment of Trustees Act 1996 that lets an unmarried couple ask a court to decide who owns a shared home and whether it should be sold. It is the main route for cohabitants, because they cannot use the divorce financial rules that married couples and civil partners rely on.
Under section 14 of the Act, anyone with an interest in a property held on trust can apply to the court for an order declaring the size of each person's share, or ordering a sale. This guide explains how those claims work, how the court decides shares, and the practical steps and costs involved. It is general information for England and Wales, not advice on any individual case.
What is a TOLATA claim?
Whenever a property is owned by more than one person, or by one person but with another having a financial stake in it, the law treats it as being held on a "trust of land". TOLATA governs how those trusts work and gives the court power to settle disagreements about them. A section 14 application is the tool a separating couple uses when they cannot agree on what happens to the home.
A claim usually asks the court to do one or both of two things: declare the nature and extent of each person's beneficial interest (their true share of the value), and decide whether, when and how the property should be sold. TOLATA claims are commonly brought in the County Court or the High Court under Part 8 of the Civil Procedure Rules, which is the procedure for claims that turn on a point of law or interpretation rather than a large factual dispute (Ministry of Justice, Civil Procedure Rules Part 8, as at August 2026, subject to change).
Why cohabiting couples rely on TOLATA
There is no such thing as "common law marriage" in England and Wales. Living together, even for many years, does not create the financial claims that come with marriage or civil partnership. When an unmarried couple separates, neither can apply for maintenance or a share of the other's pension, and property is dealt with according to who owns it in law and in equity. TOLATA is the framework that answers that ownership question.
This matters most where the home is in one partner's sole name, or where it is jointly owned but one person paid far more of the deposit, mortgage or improvements. In those situations the legal title on the Land Registry may not reflect what each person believes was agreed, and a section 14 claim is the way to have the court decide.
What the court can order under section 14
The court has a broad discretion. When it decides an application it must weigh the factors listed in section 15 of the Act, including the intentions of the people who created the trust, the purpose the property is held for, and the welfare of any child who occupies or might occupy it as a home (legislation.gov.uk, TOLATA 1996 s.15, as at August 2026, subject to change).
| Order the court can make | What it means in practice |
|---|---|
| Declaration of beneficial interest | Confirms the percentage share each person owns in the property's equity. |
| Order for sale | Requires the property to be sold so the equity can be divided. |
| Postponement of sale | Delays a sale, for example until children finish school or a mortgage is restructured. |
| Occupation rent | May require the person staying in the home to pay the other a sum for sole occupation. |
| Regulating occupation | Sets terms for who may live in the property and on what conditions. |
Source: legislation.gov.uk, TOLATA 1996 s.14, as at August 2026, subject to change.
How the court works out each person's share
The starting point depends on how the property is owned.
Property in joint names
Where a couple bought the home together as joint legal owners, the law generally starts from the position that they own the equity equally. That starting point can be displaced by evidence of a different common intention, judged by looking at the whole course of dealing between them. This approach comes from leading House of Lords and Supreme Court decisions, Stack v Dowden and Jones v Kernott, which remain the framework the courts apply.
Property in one person's sole name
Where only one partner is on the title, the other has no automatic share. To establish an interest, they usually need to show a "common intention constructive trust": an agreement, arrangement or understanding that they would share ownership, which they relied on to their detriment, for example by contributing to the deposit, mortgage or significant improvements. Contributions to everyday bills alone are rarely enough on their own.
Because these claims turn heavily on evidence, contemporaneous records tend to matter a great deal: bank statements, mortgage records, messages and any written agreement about how the home was to be shared.
Steps to take before going to court
Court is usually a last resort. Most TOLATA disputes are expected to attempt settlement first, and the courts encourage this. Practical steps commonly include:
- Gather evidence. Deposit sources, mortgage payments, receipts for improvements, and any correspondence about ownership.
- Consider mediation. A neutral mediator can help reach agreement without a hearing, often faster and at lower cost than litigation.
- Exchange a letter of claim. Setting out the interest claimed and the outcome sought, so each side understands the case before issuing proceedings.
- Take professional input where the stakes are high. Complex ownership questions often benefit from a solicitor or barrister who can assess the evidence.
The court process, timescales and fees
If matters cannot be resolved, a claim is issued at court, the other party responds, evidence and witness statements are exchanged, and the case proceeds towards a hearing. Straightforward claims can conclude in a matter of months, while contested cases with disputed evidence can take considerably longer, sometimes a year or more. Court fees are separate from any solicitor's costs.
| Court fee | Amount |
|---|---|
| Issue a non-money claim (for example a declaration or order for sale) | £387 |
| Application within existing proceedings, on notice | £321 |
| Application within existing proceedings, by consent | £126 |
| Money claim of more than £200,000 or of unlimited value | £10,000 |
Source: gov.uk, Civil court fees (EX50), updated 13 July 2026, as at August 2026, subject to change. The fee depends on how the claim is framed; where a specific sum is claimed, a money-claim fee scale applies instead. People on a low income may qualify for help with court fees (gov.uk, as at August 2026, subject to change).
- There is no "common law marriage"; cohabitants have no divorce-style financial claims (gov.uk, living together and your rights).
- Section 14 TOLATA lets a co-owner ask the court to declare shares or order a sale (legislation.gov.uk).
- Issuing a non-money claim currently costs £387 (gov.uk EX50, updated 13 July 2026).
- An unmarried partner does not inherit automatically if the other dies without a will (gov.uk, intestacy rules).
How this connects to wills and your estate
The same rule that leaves cohabitants outside the divorce courts also leaves them outside the intestacy rules. If one partner dies without a valid will, an unmarried partner receives nothing under the rules that decide who inherits (gov.uk, intestacy rules, as at August 2026, subject to change). A dispute about a shared home can therefore arise on death as well as on separation.
For unmarried couples, recording ownership clearly at the outset tends to prevent later argument. A declaration of trust setting out each person's share, made when a home is bought, gives the court firm evidence of what was intended. Pairing that with an up-to-date will means both the lifetime and the death positions are addressed. Our guides on how to write a will and on estate planning for families in England and Wales explain how those documents fit together, and what is probate covers what happens to a shared home when someone dies.
Frequently asked questions
What is a TOLATA claim in simple terms?
It is a court application under the Trusts of Land and Appointment of Trustees Act 1996 that decides who owns a share of a property and whether it should be sold. Cohabiting couples use it when they separate and cannot agree about a home they own together or one paid towards (legislation.gov.uk, s.14, as at August 2026, subject to change).
Can I make a claim if the house is only in my partner's name?
Possibly, but it is not automatic. You would generally need to show a shared intention that you would both own the home, which you relied on by contributing to the deposit, mortgage or major improvements. Everyday bill payments alone are rarely enough. Evidence is central, so records of what was paid and agreed matter (legislation.gov.uk, s.14, as at August 2026, subject to change).
Do unmarried couples have the same rights as married couples?
No. There is no "common law marriage" in England and Wales. Cohabitants cannot claim maintenance or a share of a pension on separation, and property is dealt with by ownership rules rather than divorce law (gov.uk, living together and your rights, as at August 2026, subject to change).
How much does it cost to bring a TOLATA claim?
Court fees are separate from legal costs. Issuing a non-money claim, such as a request for a declaration or an order for sale, currently costs £387, with lower fees for applications within existing proceedings. Where a specific sum is claimed, a money-claim fee scale applies instead (gov.uk EX50, updated 13 July 2026, as at August 2026, subject to change).
Can the court force the sale of our home?
It can order a sale, but it does not have to. Under section 15 the court weighs factors such as the purpose the property is held for and the welfare of any child living there, so it may instead postpone a sale or set conditions (legislation.gov.uk, s.15, as at August 2026, subject to change).
How long does a TOLATA claim take?
It varies. A clear case with limited factual dispute may resolve in months, while a contested claim with conflicting evidence can take a year or more. Reaching agreement through negotiation or mediation before issuing tends to be faster and less costly than a contested hearing.
Can I avoid a dispute in the first place?
Recording ownership clearly helps. A declaration of trust made when a home is bought sets out each person's share and gives strong evidence of what was intended. Keeping a will up to date addresses what happens on death as well, since an unmarried partner does not inherit automatically (gov.uk, intestacy rules, as at August 2026, subject to change).