Tolata Claims

TOLATA Claims – Property & Cohabitation Disputes

Helping you resolve property and financial disputes fairly and affordably under the Trusts of Land and Appointment of Trustees Act (TOLATA) 1996.

When unmarried couples or joint property owners separate, disagreements often arise over who owns what share of a home or investment. Unlike married couples, cohabitants do not automatically have the same rights upon separation. That’s where a TOLATA claim may apply.

At The McKenzie Friend, we provide professional support for clients involved in property ownership or financial disputes related to the breakdown of a relationship. Our aim is to help you understand your position, gather evidence, and present your case effectively to reach a fair outcome — with or without going to court.

What Is a TOLATA Claim?

TOLATA stands for the Trusts of Land and Appointment of Trustees Act 1996. It allows individuals who have a financial or beneficial interest in a property to apply to the court to determine:

• Who legally owns a property (sole or joint ownership)
• What share each party is entitled to
• Whether the property should be sold or transferred
• How proceeds should be divided after a sale

These cases are often complex, especially where the property is not jointly registered or one party made financial contributions without being named on the title deed. We guide you through these technicalities clearly and calmly.

Common TOLATA Scenarios

• Unmarried partners separating after purchasing a property together.
• One person paid the deposit or mortgage but isn’t on the legal title.
• Disagreements about who should remain in or sell the home.
• Financial contributions made by a family member or partner towards renovations or purchase.
• Disputes between relatives over jointly owned inherited property.

How the TOLATA Process Works

Evidence That Strengthens a TOLATA Claim

The success of a TOLATA claim often depends on clear evidence. We help you prepare and organise:

• Bank statements showing financial contributions (deposit, mortgage, bills, or renovations)
• Written or digital communications confirming shared ownership or intent
• Proof of payments or transfer records
• Witness statements from family, friends, or professionals

Our Approach

Our approach is straightforward, professional, and focused on resolution rather than confrontation. We aim to make complex property law understandable, empowering you to make informed decisions about your next steps.

• Clarity: We explain your position and rights in plain language.
• Strategy: We help you build a strong, evidence-based case for negotiation or court.
• Empathy: We understand that property disputes are personal and emotional — we handle them sensitively.
• Affordability: Our fixed fees keep your costs predictable and manageable.

Why Choose The McKenzie Friend

• Specialist experience in cohabitation and property ownership disputes.
• Clear, affordable fixed-fee structure — no hidden charges.
• Professional document preparation and case guidance.
• Support with negotiation, mediation, or full court applications.

Take the First Step Toward Resolution

Don’t face complex property or financial disputes alone. With professional guidance, you can approach the process with confidence and clarity. Book a free consultation to understand your rights and explore your best options.