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What is a TOLATA claim?
A claim under TOLATA is when this specific law is used to resolve property or land ownership disputes.
There are two main ways a cohabitant might have an interest in a home:
- You own the property jointly, or
- The property is in your partner’s sole name, but you may have a beneficial interest in it
If your partner doesn’t recognise your interest, you may need to apply to court under TOLATA.
If a TOLATA claim is issued, the process typically involves:
- Disclosure: Both sides share relevant documents
- Inspection: Reviewing each other’s evidence
- Witness evidence and trial: If no settlement is reached
Disclosure: Sharing the full picture
Disclosure is an ongoing process where both parties must share all relevant documents in their possession. This includes not only the documents that support your case, but also those that may weaken it or support the other side’s position.
Both parties are expected to carry out a reasonable search for documents and provide what’s proportionate to the case.
Inspection: Reviewing the evidence
Once document lists have been exchanged, each party has the right to review (or ‘inspect’) the other’s documents. The only exception is where there’s a valid legal reason why a document cannot be shared.
It is important to remember that a settlement can be reached at any point in this process, even during court proceedings, which is why it is helpful to engage properly in NCDR (non-court dispute resolution) – this will save time and costs.
What factors does the court consider under Section 15 of TOLATA?
The court will primarily consider the intentions of your property ownership as a couple when looking at a TOLATA application. This includes factors like your intentions to live in it as a couple and share bills and other household expenses, regardless of whose name is on the mortgage.
They may also consider the purpose of the property, for example, whether it is a family home, alongside the welfare of any children. If there are third-party interests in the property, these will also be considered by the court.
Ciara Pugh, Partner at our family law office in Soho, says:
“TOLATA cases are strict as they follow Civil rules and are very fact dependent. The procedure that must be followed, and property disputes between unmarried couples can be complex and emotionally charged. Without the legal protections that come with marriage, outcomes often depend heavily on evidence of intention and financial contribution.
“If you’re in this situation, getting early legal advice is key. The sooner you understand your position, the better your chances of reaching a fair resolution – whether through negotiation or, if necessary, the courts.”
How much does a TOLATA claim cost?
The court fee for issuing a TOLATA claim is dependent on the value of the property.
It’s worth noting that the unsuccessful party is typically ordered to pay the bulk of the successful party’s legal fees, as the law is covered under Civil jurisdiction.
This is why we recommend that our clients reach an agreement earlier and out of court where possible, to keep costs down. If you need legal advice, make sure to get in touch with our experts today.
Who can bring a TOLATA claim forward?
Section 14 of TOLATA states that anyone who has a legal or beneficial interest in property or land can bring a claim forward.
- Non-owner: If the house is in your ex’s name, but you paid toward the deposit, made mortgage payments, or paid towards a major extension, you can still bring a claim to prove you own a hidden beneficial share.
- Co-owner: If your home is in both of your names, but your ex-partner won’t sell it or buy you out, you can bring a claim to demand a sale, so that you can get your money.
- Sole owner: If the house is just in your name, you can bring a claim to legally force your ex to move out or protect your property by proving they never earned a claim.
However, you must be able to show financial involvement, a written deed, or clear evidence of your interest in the land or property. This can include:
- Land Registry TR1 Form or an explicit Declaration of Trust
- Bank statements that highlight direct contributions to the initial deposit or ongoing mortgage payments
- Invoices and/ or receipts that show funding for major capital improvements (like house extensions) that added value
- Written communications (such as emails or text messages) that prove a shared intention to split the property value
How to make a TOLATA claim
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1) Pre Action
The claimant writes to the defendant (known as the Pre-Action Letter) setting out the basis of their claim, a summary of the facts they consider relevant and their objective (if it is for a sum of money, how has this been calculated).
The defendant then responds to that letter. Each party provides key documents that they believe will support their case. The separating couple should attempt a method of non-court dispute resolution (NCDR), for example, mediation.
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2) Application to the court
The claim form is sent to the court, and a court fee must be paid. There are two different types of claims, Part 7 and Part 8, and it is important to take appropriate advice on which claim is appropriate for your case.
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3) Response to the claim
The defendant then has 14 days from being served the claim to file their acknowledgement of service (AOS). They have 28 days from service to file a defence and can include a counterclaim with the defence.
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4) Early settlement
If the defendant accepts the claim, then negotiations can begin. The couple can resolve matters at this stage without the need for a court trial.
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5) Court trial
If you cannot settle the dispute, the matter will proceed to trial, and the court will ultimately decide the outcome. However, this can be long-winded and expensive, so it is best to try to resolve the issue as soon as possible.
If your case goes to court, it will usually follow three key stages:
- Disclosure
- Inspection
- Evidence
The court oversees the process from start to finish and, if an agreement can’t be reached, will ultimately list the case for a trial where all the evidence, both written and spoken, is considered.
That said, it’s worth noting that most cases should try to settle before reaching this stage, as going to trial can be time-consuming and costly.
Are there any protective measures you can make against TOLATA claims?
Yes, you can either make a cohabitation agreement or a Declaration of Trust to protect yourself against TOLATA claims. It’s worth noting that cohabitation agreements are not legally binding, whereas a Declaration of Trust is.
Before court proceedings are issued, consideration should be given to other ways in which an agreement might be reached, often referred to as non-court dispute resolution.
Cohabitation agreements
A cohabitation agreement is a written document drawn up between an unmarried couple who are living together specifying the ownership of property, finances, and capital, and what will happen in the event of relationship breakdown.
Cohabitation contracts tend to be more comprehensive than a Declaration of Trust. They can not only govern what will happen should the relationship break down, but they can also cover day-to-day matters such as responsibility for paying the household outgoings and how the costs of repairs or improvements to the property are to be dealt with.
These agreements can be drawn up at any point in the relationship. With proper legal input from an expert family lawyer, they can hold weight in court decisions should there be a dispute upon separation. However, this is not a guarantee as the documents are not legally binding in the way a court order is.
Declaration of Trust
A Declaration of Trust is an agreement that confirms the proportions in which a property is shared between an unmarried couple or more than two people who have purchased a property and are living in it together, for example, a group of friends.
It documents how the property should be split and equity be divided, should the relationship break down. Declarations of Trust can be held by the Land Registry and are legal documents.
How can I defend a TOLATA claim?
If you want to defend a TOLATA claim that has been made against you, you will need to provide your full reasons for arguing the claim and give as much evidence as possible.
During proceedings, you might hear about Part 36 offers, which are formal settlement offers with potential cost consequences.
In simple terms, refusing a reasonable offer can affect who ends up paying legal costs at the end of the case.
The claimant can continue the claim if you dispute it, and it will likely proceed to court if this is the case. This can have negative cost implications.
Where possible, we help clients reach an agreement sooner and outside of court, to keep costs down, save time, and reduce stress. If you’re looking for specialist legal advice, reach out to our teamor call 0330 159 9819 to find out more.
What our clients say
Amy Turner
Nov 2025
I had my initial meeting to discuss separation proceedings at the Lincoln office. I found the advice given straightforward and easy to understand, with Amy being compassionate and generous with her time.
—R Morrell
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Kamila Cyran
Jul 2025
After going through a tough break up. I got in touch with Kamila Cyran. And she has been brilliant from start to finish. Always communicated and kept me informed of any updates. And always dealt with things promptly if any anything occur. So this deserves a 5 star review and I would recommend this company and Kamila. And I will definitely be in touch if I require anymore help.
—Mr W M
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Charlotte Brown
Sep 2023
Charlotte Brown and the team at Stowe Family Law have been brilliant since day 1. When I came to them I had been contemplating self representation due to costs, but allowing them to help has been worth every penny.
When I instructed Charlotte I was depleted and terrified, dealing with a very difficult ex partner and on my own in the UK with no family support. Charlotte was calm and patient throughout every hurdle and was a listening ear many times. I felt very much shielded from conflict as well as far as possible which I am extremely grateful for.
Stowe also have an excellent range of barristers and the ones we used were extremely professional, excellent negotiators and worked to help find logical solutions that would get us closer to the last step. Charlotte alongside the barristers were especially good at also helping me see the bigger picture rather than just telling me what I wanted to hear which in turn has led to a very positive outcome. I still have the last order to get to but we're pretty much there and the solution is the best one for my daughter which was the main focus every step of the way.
—Ms M H
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Nicole Turner
Sep 2023
After researching all week online reviews to find a solicitor who specialised in cohabitation separation and Tolata law, I was overjoyed to make a call to Stowe family law solicitor from the first call I was immediately impressed with the team. The lady who took my initial call was so kind calm professional and understanding.
I was linked to Nicole Turner who guided me through the system helping me to consider all possible outcomes, costs, and timings in a very compassionate manner. My overall experience has made me feel supported through what has been the most horrendous time of my life
—Anon
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