These kinds of cases are often called “TOLATA” claims, named after the Trusts of Land and Appointment of Trustees Act 1996.

There are three common situations where these disputes come up.

1. Unmarried Couples who Bought a Property Together and Then Split

The first step is to check the original transfer deed, usually a Land Registry Form TR1 or TP1, signed when the property was bought.

If the purchase was after April 1998, this form usually includes an express agreement about the ownership shares. If the shares are specified, the courts will generally stick to that agreement.

If no shares are specified, the courts normally assume a 50/50 split. Crucially, if one of them dies, the other inherits their share automatically, regardless of what their Will says, unless steps were taken to change that.

It is possible to challenge the assumption of equal shares if there is strong enough evidence of a different intention. This can be based on a new agreement, even if implied, or on actions and promises that show a change in the original arrangement. For example, if one partner relied on a promise to their detriment, the court can adjust the shares.

2. Unmarried Couples Living in a Property Owned by One Partner

In this situation, the partner who does not own the property usually has no right to the sale proceeds unless:

• They made a significant contribution to the purchase or improvement of the property.
• The owner made a promise they relied on, and it would be unfair not to recognise that.

If those conditions are met, the non-owner can claim a share. It is sensible to register any interest with the Land Registry to protect that claim.

3. When Children Are Involved

The court can order that the home be used for the children’s benefit and can change the title deeds if needed. Normally, once the children become independent, the property returns to the original owner.

Other Common Disputes

Sometimes there is tension around who stays in the property and who leaves. If one partner leaves and faces new housing costs while the other stays, it can feel unfair.

But the court may not see it that way if:

• The partner who stays is paying the full mortgage, or
• They were open to the other moving back in, and it was still a practical option.

Where it is unfair, the court can award “occupation rent”. This means the partner who stayed may have to compensate the one who left.

Final Notes

In the first two scenarios, if neither person can afford to buy the other out, the court can order a sale.

“TOLATA” claims can also deal with how the proceeds of sale are divided after the property is sold.

If you have any questions or would like to speak to someone about your situation, feel free to get in touch. You can email me at [email protected] or contact the team at Berry Redmond Gordon & Penney at [email protected].