Cohabitation and TOLATA Barristers
Expert representation for unmarried couples facing property disputes and TOLATA claims.
Specialist Property and Family Barristers Regulated by the BSB
When unmarried couples separate, there is no automatic right to share property or assets. Unlike married couples, cohabitants must rely on property law principles, trusts, and the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) to resolve disputes.
A specialist TOLATA Barrister can represent you in property disputes, beneficial interest claims, and occupation disputes, helping you establish or defend your rights to shared property.
What Cohabitation and TOLATA Barristers Do
Court Advocacy
Representation at:
- •TOLATA proceedings
- •Beneficial interest claims
- •Occupation disputes
- •Sale of property applications
- •Interim applications
- •Appeals
Legal Advice
Expert guidance on:
- •Beneficial interest claims
- •Constructive trusts
- •Resulting trusts
- •Proprietary estoppel
- •Cohabitation agreements
- •Schedule 1 Children Act
Document Drafting
Barristers can draft:
- •Particulars of claim
- •Defence and counterclaim
- •Witness statements
- •Skeleton arguments
- •Position statements
- •Draft orders
Your Barrister drafts these documents. You file at court and serve on the other party.
What You Handle
With Direct Access:
- •Filing at court
- •Serving documents
- •Gathering financial evidence
- •Property valuations
- •Mortgage statements
- •Court fee payments
How Direct Access Works
- 1
CASE REVIEW
Barrister reviews property ownership, contributions, and any agreements. Advises on legal position.
- 2
PRE-ACTION
Letter before action. Attempt to negotiate settlement before court proceedings.
- 3
PROCEEDINGS
If no agreement, Barrister drafts claim. You file at court and serve on other party.
- 4
CASE MANAGEMENT
Court sets timetable. Disclosure of documents. Barrister prepares for trial.
- 5
TRIAL
Barrister presents your case. Cross-examines witnesses. Argues for your share of property.
Frequently Asked Questions
What rights do cohabitants have to property?
Unlike married couples, cohabitants have no automatic right to share property. Rights depend on legal ownership, financial contributions, agreements, and whether a constructive or resulting trust can be established.
What is a TOLATA claim?
A claim under the Trusts of Land and Appointment of Trustees Act 1996. It allows the court to determine beneficial interests in property, order sale, and resolve disputes between co-owners or those claiming an interest.
Can I claim a share of my partner's property?
Possibly. If you made financial contributions, were promised a share, or there was a common intention that you would have an interest, you may have a beneficial interest claim. Your Barrister will assess the evidence.
What is a constructive trust?
A trust arising from a common intention (express or inferred) that you would have an interest in property, combined with detrimental reliance on that intention. Your Barrister will advise whether this applies.
How long do TOLATA cases take?
From claim to trial typically 12-18 months. Many cases settle after disclosure of evidence. Complex cases involving business assets or multiple properties may take longer.
What about children?
If you have children, you may also have a claim under Schedule 1 of the Children Act for housing and financial provision. Your Barrister can advise on both TOLATA and Children Act claims.
Protect Your Property Rights
Expert TOLATA and cohabitation dispute representation.
Or call us: 0800 302 9921 Mon-Fri 9am-6pm