TOLATA and Cohabitation Reform: What Could Change for Unmarried Couples?

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James Banks - Trainee Solicitor

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Article reviewed by Jennifer Hartley.

TOLATA and Cohabitation Reform  What Could Change for Unmarried Couples

When relationships break down, or co-owners of a property find themselves in dispute, disagreements often arise about who owns what share of a property, who has the right to live there, or whether the property should be sold.

In England and Wales, where parties are unmarried, these disputes are commonly resolved under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).

However, with the Government proposing reforms to cohabitation rights, the legal landscape for unmarried couples may change.

Our Property Litigation Lawyers explore how TOLATA currently operates, the remedies available in property disputes and what the proposed reforms could mean for cohabiting couples.

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How Does TOLATA Apply to Property Ownership Disputes?

In circumstances where there are no express declarations of trust which set out the beneficial interests in the property and the relevant shares, the court has the power to establish property rights through trusts, such as resulting trusts and constructive trusts, under the TOLATA legal framework.  

However, it is typical where parties jointly own the property as joint tenants that the court’s starting point will be that the parties co-own the property 50:50.  

There are ways where the court can, however, determine that the shares differ, which we set out below:

  • Resulting Trusts: Resulting trusts are typically based on the contributions made by the joint property owners towards the property's purchase price unless the contribution was explicitly given as a gift.  This is more applicable in a business context.
  • Constructive Trusts: Constructive trusts relate to a common understanding that a joint owner has shared ownership of the property rather than mere occupancy. 

TOLATA is applicable to a variety of situations involving joint ownership, including: 

  • Moving in with a new partner: For example, whether contributions to mortgage payments or substantial household expenditure amount to a beneficial interest within the property;
  • Where one party has carried out substantial work on a property that they do not legally own: This could involve one party funding a significant extension, refurbishment or structural improvement work. Whilst such expenditure does not automatically create a beneficial interest, it may provide evidence of a common intention that ownership would be shared; and
  • Inherited property: Disputes can arise where multiple beneficiaries inherit a property jointly but cannot agree on matters such as occupation rights, between themselves

When bringing a TOLATA claim, it is essential to provide a clear and detailed explanation of the circumstances that give rise to your claimed interest in the property.

This will often involve demonstrating your financial contributions towards acquiring or maintaining the property, as well as any other evidence that supports your claim that you should be entitled to a share of the property, including evidence that you acted to your detriment in reliance on a mutual intention to share the property.

However, given the time, financial, and emotional cost of pursuing a TOLATA claim in the County Court or High Court, it is often advisable to seek a resolution through alternative dispute resolution routes rather than progressing a claim to trial.  

Such alternative dispute resolution is often achieved through mediation which can lead to a mutually acceptable outcome. 

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Remedies:

The court has broad powers under TOLATA and may make a variety of orders depending on the circumstances of the dispute.

These powers include:

  • Declaring whether a beneficial interest exists;
  • Determining the extent of each party's beneficial share;
  • Ordering the sale of a property;
  • Regulating occupation rights; and
  • Determining how the proceeds of sale should be distributed.

The precise remedy sought will depend on the nature of the dispute and the objectives of the parties. 

Contact Our TOLATA Lawyers

Remedies

Proposed Reforms:

On 5 June 2026, the UK Government launched a consultation on the topic of cohabitation rights which, amongst other reforms, sets out the government’s proposal for additional protections for couples who have either:

  •  lived together for at least three years;
  • or live together and have a child together. 

In short, the government aims to reform the law for cohabitants on separation to promote a ‘clean break’ between parties through greater flexibility which aims to reduce the financial difficulties which cohabitants can face when relationships end.  

However, it is important to note that these proposals remain subject to the consultation process and may therefore be amended before they are enacted into law.

Whilst the government’s proposals could bring about substantive change for unmarried couples, for those couples who would not fall within the eligibility criteria or who are time-barred from making a cohabitation claim under the proposed framework, TOLATA will likely remain a useful mechanism to resolve property disputes, including in relation to jointly owned property. 

Contact Us

Proposed Reforms

Speak to Our Property Dispute Solicitors

If you are involved in a property ownership dispute or are concerned about your rights as an unmarried couple, our experienced Property Dispute Solicitors can provide clear, practical advice on your legal position and the options available to you.

Contact our Property Dispute Solicitors today for expert legal advice tailored to your circumstances.

0161 941 4000

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James Banks's profile picture

James Banks

Trainee Solicitor

James joined as a Trainee Solicitor at Myerson in 2024. Prior to joining the firm, James graduated from Durham University with a First Class Honours LLB. He is currently completing the SQE qualification with BPP University in Manchester.

About James Banks