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Central Chambers Law

Family Law

Trusts of Land & Appointment of Trustees (TOLATA)

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Understand Your Situation

Resolving disputes over property ownership when unmarried partners or family members cannot agree on how to split the value of a home.

Because 'common law marriage' is not recognised, unmarried couples who split up must use the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) to settle property disputes. This is not about 'fairness' in the family law sense; it is about property law. The court looks at who is on the title deeds and if there was an agreement or a 'common intention' to share the property's value in a specific way.

Legislation & Rights

A confidential consultation provides clarity on property rights for unmarried partners and identifies the evidence needed to support a TOLATA claim.

Plan Your Defence

A TOLATA claim can be used to force the sale of a property, determine each person's share of the sale proceeds, or decide if someone has the right to live in the home. These cases often rely on evidence of financial contributions, such as paying the mortgage or for renovations. Legal representation is vital to establish the 'beneficial interest' in the property and to navigate the technical civil court rules that govern these claims.

Defence & Evidence

Expert legal guidance ensures that property rights are forensically established and that the claim is presented with technical precision.

Legal Aid Availability

For many criminal matters, from police station interviews to Crown Court trials, public funding (Legal Aid) may be available to cover your legal costs.

Eligibility is determined by the seriousness of the case and, in some instances, a means assessment. Our team will conduct an immediate, confidential assessment of your eligibility to ensure that financial constraints do not stand in the way of a robust defence.