Unmarried Couple Separation: TOLATA Claim

When separation occurs between unmarried couples, they do not have the same rights as a spouse. Unmarried couples cannot make claims against pensions, income, or larger financial provision based on needs and spousal maintenance. However, they can make claims for a share in a property under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). 

The Trusts of Land and Appointment of Trustees Act (TOLATA) gives the Court power to make decisions where there are property disputes between unmarried couples. The Court can make decisions on ownership of a property and who can remain in the property.

Bringing a Claim:

In order to start Court proceedings, you will first need to attempt to settle outside of Court. You’ll send a pre-action letter to your ex-partner, known as the Defendant. The letter will set out your case, and the Defendant will have a short period to respond and set out their case. At this point, there may be an opportunity to settle the claim without going to Court. If you both fail to settle, then you can take the claim to Court.

You will have to submit a claim form, which will include a summary of what you are making a claim for and why you’re doing so. It will also include your evidence and what you wish the Court to do. The Claim Form is issued by the Court and then served on the Defendant. Under Part 7, the Defendant has 14 days to respond to the Claim Form. Under Part 8, the Defendant must file an acknowledgement within 14 days of receiving the Claim Form. That acknowledgement must be sent to you and filed at Court. Once the Acknowledgment of Service Form is filed, the Court will fix a hearing for directions.

All cohabiting couples should consider whether entering into a cohabitation agreement is the right thing for them. It may help couples avoid lengthy legal battles in the future if that relationship later breaks down. If you do find yourself in this situation, we can advise you on your rights, help you to settle your property dispute, make a TOLATA claim or defend a claim being brought against you.

At Franklins, our experienced solicitors will be able to provide you with expert advice and assistance. Contact Kelly and our Family Team on 01604 828282 / 01908 660966 or email Family@franklins-sols.co.uk.