Litigation Solicitor
Clough & Willis
When relationships end, property disputes have a way of cutting deeper than just financial loss; they strike at security, fairness, and dignity. For unmarried couples, this reality is especially stark. Unlike divorcing spouses, who benefit from a robust framework under family law, cohabiting partners are left to navigate the cold, often unforgiving provisions of the Trust of Land and Appointment of Trustees Act 1996 (TOLATA).
TOLATA was designed to provide clarity but in practice it often highlights just how outdated our legal approach to modern relationships really is. Cohabitation is now one of the most common living arrangements in the UK, yet the law continues to treat these partners as legal strangers once the romance fades.
On the surface, the Act gives people a route: apply to the Land Registry, unearth dusty transfer documents (TR1/TP1), argue about whether property was held as Joint Tenants or Tenants in Common, and if no agreement can be found then let the courts decide. There is logic here, yes, but also an uncomfortable rigidity. The law presumes fairness based on technical ownership structures, rather than lived reality. Did you pay the mortgage single-handedly after your partner moved out? Did you invest in renovations to increase the property’s value? TOLATA can, through equitable accounting, adjust the balance but this is not guaranteed, and the process is far from simple.
And then there’s the elephant in the room: cost. While mediation is encouraged, the truth is that many disputes end up in court. Formal proceedings mean solicitors’ fees, valuations, mortgage statements, and the stress of disclosure. For ordinary people, this can feel like justice is accessible only if you can afford it.
In my view, the Act functions as a necessary safety net, but it is not a true reflection of the way we live today. The fact that someone can share years of their life, pour money into a shared home, and still walk away empty-handed because their name isn’t on the title deed is not just a legal technicality, it’s an injustice.
It’s time to ask whether we need more than TOLATA. Shouldn’t the law recognise the reality of cohabitation more fairly, without forcing people to piece together claims from constructive trusts and equitable accounting? Relationships may end, but fairness should not.
Until reform comes, TOLATA remains both a lifeline and a warning: if you live together but remain unmarried, your legal rights are fragile, and you must take steps like signing a Declaration of Trust before love clouds the paperwork.
About Gary Hall
Gary joined Clough & Willis in January 2025. He brings with him over 28 years experience working as a solicitor and previously as a Director at Rothwell and Evans solicitors. He has also headed up teams as Head of Litigation Wills and Probate.
His areas of work include:
- Wills, Trust & Probate Litigation
- Company & Partnership Law including Shareholder, director and partnership disputes.
- Contract Disputes – Disputes arising from commercial contracts and between private individuals from what may appear a relative small sum to the multi-million pound claim
- Property Disputes including landlord & tenant, boundary disputes, possessory title and rights of way.
- General Litigation –Insolvency, Bankruptcy and Winding Up
- Applications under the Trusts of Land and Appointment of Trustees Act 1996.