TOLATA Claims: How to Claim Your Share of a Property on a No Win No Fee Basis
Did you contribute to a home that isn’t in your name? Perhaps you helped pay the mortgage for years, funded renovations, or gave up your own housing on the understanding you’d have a stake in the property. Then something changed — a relationship ended, a family member died, or the person on the deeds simply denied you were ever meant to have a share.
If this sounds familiar, you are not alone. There is a law designed to help people in exactly your position — and specialist property dispute solicitors can take TOLATA claims on a no win no fee basis where there is sufficient legal and moral merit.
What is TOLATA?
TOLATA stands for the Trusts of Land and Appointment of Trustees Act 1996. It is the main piece of legislation that courts use to resolve disputes about who really owns a share of a property — even when their name is not on the title deeds.
In plain terms, TOLATA gives the court two important powers:
- The power to declare who has an interest in a property meaning the court can formally say “this person owns a share of this home, even though their name isn’t on the deeds.”
- The power to order a sale meaning if the parties cannot agree, the court can force the property to be sold so that each person receives their fair share.
These powers come from sections 14 and 15 of the Act, and they are used regularly in disputes between unmarried couples, family members, friends, and anyone else who co-owns or claims to co-own a property.
Common Scenarios Where TOLATA Applies
TOLATA claims arise more often than people realise. Here are some common situations.
Unmarried partners. You lived together for years. You both paid toward the mortgage, the bills, and the upkeep of the home. But only your partner’s name was ever put on the deeds. When the relationship breaks down, your partner says the house is theirs alone.
Family contributions. Your parents helped you buy a home by contributing a large sum toward the deposit. Years later, a dispute arises about whether that money was a gift or whether it gave them a stake in the property.
Promises that were never formalised. A family member told you: “Help me pay off the mortgage and the house will be half yours.” You relied on that promise — perhaps you turned down the chance to buy your own home, or you moved across the country. But nothing was ever put in writing, and now they deny the conversation ever happened.
After a death. The person who owned the property has died. You believe you have a share because of contributions you made or promises that were made to you during their lifetime. The executors or beneficiaries of the estate disagree.
In each of these cases, TOLATA can provide a route to establishing your rightful interest.
How Does the Court Decide Your Share?
The court’s approach depends on one key question: is your name on the title deeds, or not?
If both names are on the deeds (joint legal owners)
A starting point is that you may each own the property equally: 50/50. This was confirmed by the Supreme Court in the landmark case of Stack v Dowden (2007).
However, that starting point can be displaced. If one person can show that the parties intended a different split, the court can declare unequal shares. The court will look at the whole course of dealing between the parties, meaning everything from who paid what, to conversations you had, to how you organised your finances over the years.
The Supreme Court reinforced this approach in Jones v Kernott (2011), confirming that the court can even infer what the parties must have intended if there is no direct evidence of an explicit agreement.
If only one name is on the deeds
This is the harder situation but not necessarily insurmountable. If you are not named on the title, you need to prove two things:
- A common intention that you would have a share in the property.
- Detrimental reliance — meaning you acted to your disadvantage on the basis of that shared intention.
The common intention can be shown through express discussions (“we agreed this would be our home together and we’d each own half”) or inferred from conduct, particularly direct financial contributions to the purchase price or mortgage.
The court will approach issues of beneficial ownership on a constructive trust basis (Abbott v Abbott [2008] 1 FLR 1451 at [4]). Previously, detrimental reliance was considered an essential component (Curran v Collins [2015] EWCA Civ 404 at [77], [78]), although the more recent High Court decision in Hudson v Hathway [2022] raised the possibility that detriment may not always be a necessary ingredient where both parties are joint legal owners in a domestic context. In all cases, direct financial contributions and explicit conversations about ownership remain the strongest foundation for a claim.
What factors does the court weigh up?
Under section 15 of TOLATA, the court must consider:
- The intentions of the person or people who created the trust (i.e., what was the understanding when the property was bought or the contributions were made).
- The purposes for which the property is held (for example, was it bought as a family home for everyone to live in?).
- The welfare of any minor who occupies or might reasonably be expected to occupy the property as their home — this is an important factor that can affect timing of any sale, even if it does not change the ownership shares.
- The interests of any secured creditors — for example, a bank that holds a mortgage over the property.
What Evidence Do You Need?
Like all claims, TOLATA claims are won or lost on evidence. The court needs to see proof of your contributions and, where your name is not on the deeds, proof of the shared intention that you would have a stake.
The strongest types of evidence include:
- Financial records. Bank statements showing mortgage payments, transfers toward the deposit, or payments for significant renovations. Direct financial contributions carry the most weight.
- Written communications. Text messages, emails, letters, or social media messages where the property owner acknowledged your share or discussed joint ownership. These can be powerful evidence of common intention.
- Evidence of detrimental reliance. Did you give up a tenancy, turn down the chance to buy your own home, or relocate for work because you believed you had a stake in the property? Records showing what you gave up can support your claim.
- Witness evidence. Friends or family who heard discussions about the arrangement or observed your contributions.
If you are thinking about a claim, the single most important thing you can do right now is preserve your evidence. Keep copies of messages, gather your bank statements, and make a note of key conversations while they are still fresh in your memory.
How Does This Relate to Inheritance Disputes?
TOLATA claims frequently arise in the context of probate and inheritance disputes, and this is an area where C-PAID has particular expertise.
When someone dies, their estate includes only the property that actually belonged to them. If you can establish that you held a beneficial interest in a property during the deceased’s lifetime, then your share was never part of their estate in the first place — it was always yours.
This matters in several situations:
- The deceased owned a property jointly with you, but the executors are disputing your share or trying to include the whole property in the estate.
- You contributed to a property owned by the deceased on the understanding you would have a share, but the will leaves the property to someone else.
- You were the deceased’s partner but were not married, and the property was in the deceased’s sole name. Without a will in your favour (or even with a will that is being contested), a TOLATA claim may be the most direct route to securing your interest.
A TOLATA claim can be brought alongside other probate claims — for example, a claim under the Inheritance (Provision for Family and Dependants) Act 1975. These are different legal routes, but they can complement each other.
One important point on timing: while there is no specific limitation period for a TOLATA claim to declare your beneficial interest in a property, claims relating to the sale of the property can be affected by delay. The sooner you take advice, the stronger your position.
Make a No Win No Fee TOLATA Claim
If you believe you have a share in a property that is not reflected on the title deeds — whether in the context of a relationship breakdown, a family dispute, or following someone’s death — you may have a strong claim under TOLATA.
These cases can be emotionally difficult, and the legal framework may feel daunting. But with the right evidence and experienced guidance, many people in your position have successfully established their rightful share.
At C-PAID, we can put you in touch with specialist solicitors who handle property and estate disputes on a genuine No Win No Fee basis. There are no upfront fees and no charge for the initial review of your enquiry.
Contact us today for a free, no-obligation discussion of your circumstances.
This article is for general information only and does not constitute legal advice. Every case depends on its own facts. C-PAID does not provide legal advice. We help connect people with specialist contentious probate solicitors.
