ToLATA – unmarried couples and separation

Most people are surprised to find out that the law that governs unmarried couples is completely different to the law that married couples can rely on. The Matrimonial Causes Act 1973 does not apply if you are unmarried.

If you are going through relationship breakdown and you are unmarried, you will want to know that you have the very best possible legal team, on your side. Contact us or email us your concerns and we will tell you precisely what we will do for you.

The law that applies to unmarried couples is called ToLATA. This stands for the Trusts of Land & Appointment of Trustees Act.

What is ToLATA?

The Trusts of Land and Appointment of Trustees Act 1996 is used to resolve disputes about the ownership of assets & property, especially between unmarried partners.

If you have children together then you might also have a valid claim under the Schedule 1 of The Children Act 1989. We talk about that here.

A ToLATA claim can be used to achieve any of these outcomes:

  1. To force a sale of property
  2. To occupy a former family home if an ex-partner refuses to leave
  3. By parents/grandparents wanting to recover their financial interest in the property
  4. To determine your share of property
  5. To decide who occupies or who owns property
  6. To stop your ex from selling the property until the children are adults

If you have contributed in any way to an unmarried relationship, ToLATA would determine your fair share of the assets.

There are three main types of application that can be made under ToLATA to resolve property disputes:

  1. to order a sale of the property and sharing of the proceeds; and
  2. to decide who is entitled to live in the property; and 
  3. to decide who owns what share of a property

These powers permit courts to decide who is the legal or beneficial owner of a property, even if it registered in someone else’s name. ToLATA can be a lifesaver when you thought all hope was lost.

If you are unmarried and facing relationship breakdown and concerned about losing out financially, you want a lawyer who will fight your corner and make sure you are protected. Call us on 020 8401 7352 or Contact Us or email us at info@solicitorsfirm.com for guidance and advice relating to your particular circumstances or, to book an appointment.