Unmarried couples and how to split the house

When unmarried couples decide to live together, they often invest in a shared home. However, unlike married couples, they do not have the same legal protections if the relationship ends. This is where the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) comes into play. TOLATA provides a legal framework for resolving disputes over property ownership and rights between cohabiting couples. In this blog, we will explore how TOLATA can help unmarried couples sort out their housing arrangements.

Understanding TOLATA

TOLATA is a piece of legislation that allows courts to determine the ownership and rights of individuals in relation to land and property. It is particularly useful for unmarried couples who have purchased a property together or where one partner has contributed financially to a property owned by the other.

Key Provisions of TOLATA

1. Declaration of Trust: This is a legal document that sets out the ownership shares of each party in the property. It can be created at the time of purchase or later. If a dispute arises, the court will refer to this document to determine each party’s interest in the property.
2. Order for Sale: Under TOLATA, the court has the power to order the sale of the property. This can be particularly useful if one party wishes to sell the property, but the other does not. The proceeds from the sale will be divided according to the ownership shares.
3. Occupation Rights: TOLATA allows the court to determine who has the right to live in the property. This can be crucial if one party wishes to remain in the home while the other wants to move out.
4. Financial Contributions: The court can consider the financial contributions made by each party towards the purchase and upkeep of the property. This includes mortgage payments, renovations, and other expenses.

Steps to Take Under TOLATA

If you are an unmarried couple facing a property dispute, BWS law can help you to resolve matters:

1. Seek Legal Advice

   Before taking any action, it is essential to seek independent legal advice. Our Solicitors specialise in family law and property disputes, and they can guide you through the process and help you understand your rights and options.

2. Gather Evidence

   We will help you to gather evidence and advise you about what documents might be relevant and useful. This might include the purchase agreement, mortgage statements, receipts for renovations, and any correspondence between you and your partner regarding the property.

3. Attempt Mediation

   Mediation can be a cost-effective and less adversarial way to resolve property disputes. At BWS Law we have strong connections with other family law professionals, and we can point you in the right direction of a suitable mediator who can help you and your partner reach an agreement without going to court. If mediation is successful, you can formalise the agreement through a legally binding document which we can prepare for you.

4. Apply to the Court

   If mediation fails, we can advise and assist you in an application to the court under TOLATA. The court will consider all the evidence and make a decision based on the facts of the case. This may include ordering the sale of the property, determining occupation rights, and dividing the proceeds.

If you are an unmarried couple separating, or thinking of separating and need advice or assistance, please contact us here, call 01509 232611 to book a consultation.