TOLATA Claim Articles
Practical articles on TOLATA claims, unmarried couple property rights UK, force sale of property, beneficial interest, cohabitation property disputes, and constructive trust claims.
Unmarried Couple Property Rights UK: Separation
Comprehensive guide to unmarried couple property rights UK when separating. Covers TOLATA claims, cohabitation property disputes, force sale of property, beneficial interest, and costs. Essential for cohabiting partners.
TOLATA and Beneficial Interests: Trusts of Land Explained
A technical reference to the Trusts of Land and Appointment of Trustees Act 1996 — how express, resulting and constructive trusts establish beneficial interests, Stack v Dowden, Jones v Kernott, and s14/15 applications.
How to Prove Beneficial Interest in Property for TOLATA Claims
Evidence and documentation needed to prove beneficial interest in property for TOLATA claims. Financial contributions, constructive trust property claims, and conduct evidence.
Cohabitation Agreement Property UK: Preventing TOLATA Claims
How cohabitation agreement property UK arrangements can protect your interests. Declaration of trust property, what to include, and how to make them enforceable.
TOLATA Claim vs Divorce: Key Differences in Property Division
Comparing cohabitation property dispute resolution via TOLATA claims versus divorce financial remedy. Different processes, outcomes, and TOLATA claim costs.
Force Sale of Property TOLATA: Section 14 Order for Sale
How to force sale of property under TOLATA Section 14. TOLATA order for sale applications, when courts grant orders, and how to oppose them.
Constructive Trust Property Claim: When Non-Owners Have Rights
How constructive trust property claims give rights to non-owners. Common intention, detrimental reliance, beneficial interest, and Stack v Dowden principles.
TOLATA Claim Evidence: What Documents You Need
What TOLATA claim evidence you need to succeed in a cohabitation property dispute. TOLATA claim bundle requirements, documents, and financial records explained.
TOLATA Claim Costs: What to Expect and How Long Do Claims Take
How much do TOLATA claim costs add up to? How long do TOLATA claims take? Legal fees, court costs, timelines, and ways to manage expenses for litigants in person.
TOLATA Claim Process: Schedule 1 Children Act vs TOLATA
Understanding TOLATA claim process versus Schedule 1 claims. When to use each for housing needs of children versus beneficial interest claims in property disputes.
TOLATA Claims Against Family Members: Property Held by Parents
Guide to TOLATA claims involving family property, particularly when children have contributed to parents' homes. ONS data shows 3.5 million cohabiting families in the UK (2024). TOLATA litigation typically costs £10,000-£50,000+.
Resulting Trusts Explained: Automatic Interests in Property
Understanding resulting trusts in property disputes. ONS Census 2021 data shows cohabitation increased 144% in 25 years (1996-2021). 49% of cohabiting couples wrongly believe in 'common law marriage' protections.
Occupation Orders in TOLATA Disputes: Interim Relief Explained
Guide to occupation orders and interim relief during TOLATA property disputes. MoJ Q1 2025 data shows 9,374 domestic violence orders made, with 6% being occupation orders. October 2024 brought TOLATA procedure changes imposing mediation cost sanctions.
Part 8 Claims Procedure: How to Start a TOLATA Case in Court
Step-by-step guide to the Part 8 claims procedure for TOLATA cases. HM Land Registry Practice Guide 24 was updated September 2025. The Law Commission's 2007 recommendations for cohabitation reform remain unimplemented after 17 years.
Section 15 TOLATA Factors: Property Disputes With Children (2026)
How courts weigh Section 15 factors in TOLATA claims when children live in the disputed property. Covers the welfare principle, occupation orders, sale vs transfer options, and case law including Stack v Dowden. With 51% of births now to unmarried parents, these claims are rising.