UNMARRIED COUPLES

Property disputes

When unmarried couples separate, disputes often arise in relation to property, particularly where a home is owned in one party’s name or where both parties have contributed financially.

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Unsure?

When separating means untangling property.

Separating is never easy, especially when you share a home. For unmarried couples, understanding who owns what and what happens next can feel complicated.

At Ramage & Ramage, we help you understand your property rights, explore your options and find a clear way forward.

Understanding TOLATA

What happens to your home when you're not married?

Unlike married couples, unmarried partners do not have the same legal framework for dividing property when a relationship ends. Instead, property disputes may be resolved under the Trusts of Land and Appointment of Trustees Act 1996, commonly known as TOLATA.

This legislation allows the court to consider property ownership, the parties' interests and whether a property should be sold.

Our role is to help you understand where you stand and what options are available to you.

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Every home has a story. Every situation
is different.

Every home has a story. Every situation is different.

Property disputes can arise in several ways, particularly when financial contributions and legal ownership don't quite align.

Common situations include:

✓

You've contributed towards a property that's in your partner's name.

✓

You disagree about how much of the property each person owns.

✓

One person wants to sell the property, but the other doesn't.

✓

One partner continues living in the home following separation.

✓

You've contributed to mortgage payments or significant improvements and want to understand your rights.

Finding the right way forward.

Not every property dispute needs to end in court. The right approach depends on your circumstances, whether an agreement can be reached and what you want to achieve.

Resolve Matters by Agreement

Where both parties are willing to work towards a solution, we can help negotiate and formalise an agreement, potentially avoiding contested court proceedings.

Court Proceedings

When an agreement isn't possible, a TOLATA claim may be needed to establish property interests or determine whether a property should be sold.

What can the court decide?

When a property dispute reaches court, the outcome depends on the legal ownership, the evidence presented and the circumstances of the case.

Under TOLATA, the court may:
✓ Determine the extent of each person's interest in a property.
✓ Decide whether a property should be sold.
✓ Make orders relating to the sale of the property.

The court may consider evidence such as financial contributions, agreements and the intentions of the parties.

Our focus is to make sure you understand the process, your legal position and the possible outcomes before taking the next step.

How we help

Clear advice. Greater certainty.

Property disputes can be complicated, but understanding your options shouldn't be.

From assessing your legal position to negotiating agreements or representing you in court, we're here to provide practical guidance at every stage.

We believe in being upfront about costs, so you know what to expect before making important decisions.

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Property disputes, explained. (FAQ's)

Children FAQ's

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What is a TOLATA claim?

A TOLATA claim is a legal process used to resolve disputes involving property held on trust. It can help establish a person's interest in a property and determine whether a property should be sold.

Can I claim a share of a property if my name isn't on it?

In some circumstances, yes. You may have an interest in a property even if you're not named on the legal title. This depends on the facts, including any agreements, contributions and evidence of the parties' intentions.

Can the court force the sale of a property?

Yes. The court has the power to order the sale of a property under TOLATA. Whether it does so will depend on the circumstances of the case and the relevant legal considerations.

Do we have to go to court?

Not necessarily. Many property disputes can be resolved through negotiation. Where an agreement cannot be reached, court proceedings may be needed to determine the parties' rights.

How long does a TOLATA claim take?

This depends on the complexity of the dispute and whether the parties can reach an agreement. Some matters resolve through negotiation, while contested court proceedings can take considerably longer.

Because we’re family, we understand yours.

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