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Family Law

ToLATA Dispute Solicitors In Solihull

Clear advice on property ownership, your share of a home and disagreements about selling, helping you understand your position before deciding what to do next.

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Our ToLATA dispute solicitors in Solihull can help you resolve disagreements about your share of a home or whether it should be sold. We understand how unsettling a dispute over your home can be, particularly during separation, and we’ll help you establish where you stand before deciding what to do next.

In England and Wales, the Trusts of Land and Appointment of Trustees Act 1996, usually called ToLATA, allows the court to determine ownership interests in a property and make orders concerning its sale. We’ll review the ownership documents alongside evidence of what you and the other person agreed, including relevant financial contributions, to assess your position.

Our family and litigation team combines advice on relationship breakdown with experience of resolving property disputes. You can therefore get help with the ownership claim from solicitors who also understand the difficulties surrounding separation. We’ll explain the strengths and risks of your case so you can weigh up a proposed settlement or decide whether court proceedings are appropriate.

How can our ToLATA dispute solicitors help you?

Our ToLATA dispute solicitors examine the ownership documents and the evidence supporting your position. We explain the claim you may be able to bring, or the response available if someone claims an interest in your property. We can help you with:

  • Disputes about ownership shares, including examining a declaration of trust and considering how the written ownership arrangements affect the claim you want to make.
  • Claims involving a sole legal owner, including assessing evidence of an agreement about ownership and actions taken in reliance on that agreement.
  • Joint ownership disputes, including examining the property documents and the evidence relied on when either owner argues that the beneficial shares are unequal.
  • Applications for sale, including advising when one owner wants the property sold and the other wishes to remain or proposes buying out their interest.
  • Financial contributions, including reviewing evidence of deposit payments and mortgage contributions while explaining why the legal effect depends on the surrounding circumstances.
  • Responses to claims, including assessing the evidence put forward by a former partner or another person who says they have an interest in your home.
  • Settlement negotiations, including considering a buyout or sale by agreement and checking the practical requirements for any proposed transfer and mortgage arrangements.
  • Court proceedings and costs, including explaining the orders sought and the risk of paying another person’s legal costs before you decide how to proceed.

Why choose Pearcelegal for a ToLATA dispute?

Pearcelegal brings family and property law and civil litigation under one roof, which matters when an unmarried separation leads to a property claim. Our cohabitation service also covers agreements and property rights, so we can consider any existing written arrangements when assessing the dispute.

You can discuss the property's history and ask what evidence you need to support your position.

We explain the proposed work and can provide a no-obligation quote. Your free initial consultation gives you an opportunity to identify the immediate disagreement, including whether you're proposing a sale. Bringing the transfer documents or any declaration of trust helps us understand the ownership arrangements recorded when the property was acquired.

Get in touch

If you need advice about your share of a property or a proposed sale, contact our family and litigation team for a free initial consultation about your position and the evidence needed.

Page updated: 3rd November 2026

Frequently asked questions

Could I have to pay the other person’s legal costs?

Yes, a ToLATA claim carries a risk that you could be ordered to pay some of the other person’s legal costs. These are civil property proceedings, and you should obtain advice about the applicable costs rules before issuing a claim. We consider the evidence and opportunities to settle when advising you about the financial risks of proceeding.

Does ToLATA give unmarried couples divorce rights?

No, ToLATA does not give unmarried couples the financial remedies available on divorce. A claim concerns property rights and the court’s powers over the trust of land. It does not provide a general power to redistribute wealth because that would seem fair after separation. Financial provision for children may require separate consideration under the relevant family legislation.

Can the court order the property to be sold?

Yes, the court can order a sale under the Trusts of Land and Appointment of Trustees Act 1996. The decision depends on the relevant circumstances, including the purpose of the trust and the welfare of any minor occupying the property. A sale is not automatic whenever one owner asks for it, so the evidence needs assessment.

Does paying the mortgage give me a share?

Mortgage payments can be relevant evidence, although their legal effect depends on the ownership arrangements and surrounding circumstances. You should keep statements showing payments and any correspondence about what those payments meant. A claim may require evidence about a shared intention concerning ownership. We assess the contribution alongside the other information available before advising on your position.

Can I claim if the house is in my partner’s name?

Yes, you may be able to claim if the evidence establishes that you have a beneficial interest in the property. Being in a relationship or living in the home does not automatically give you ownership. We examine the documents and any agreement about ownership, together with evidence of contributions and actions taken in reliance on that agreement.

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