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Author: Alastair Sinclair, Senior Consultant Family Solicitor | Last updated: 24th April 2026
Property disputes between unmarried couples are one of the fastest-growing areas of work I see in practice. As more couples choose to live together without marrying, the legal framework has not kept pace, and the result is often uncertainty when relationships break down.
Unlike divorce, there is no automatic system for dividing assets. Instead, disputes about property ownership are resolved under the Trusts of Land and Appointment of Trustees Act 1996 (ToLATA).
This guide addresses the questions I am most frequently asked by clients navigating these situations.
What happens to a property when unmarried couples separate?
One of the most common misunderstandings I encounter is the assumption that property will be divided “fairly” on separation. That is not the case.
For unmarried couples, the court looks at:
- Legal ownership (whose name is on the title)
- Whether either party has a beneficial interest
- What was intended at the time of purchase
- What financial contributions were made
In many cases, the legal position does not reflect what either party expected — particularly where arrangements have been informal.
What is a ToLATA claim?
A ToLATA claim is the mechanism used to resolve disputes about property ownership. Through a claim, the court can:
- Determine who owns what share in a property
- Decide whether a property should be sold
- Resolve disputes between co-owners or those asserting an interest
In my practice, these claims often arise where there is a disconnect between legal ownership and the reality of financial contributions.
Looking for advice on a property dispute?
Alastair Sinclair is a senior family solicitor at Setfords Solicitors with extensive experience in complex property disputes, including ToLATA claims and intergenerational arrangements. He advises clients nationwide and regularly resolves high-value disputes without the need for contested hearings, while taking a robust approach where litigation is required.
When should you make a ToLATA claim?
You may need to consider a claim where:
- You have contributed to a property but are not on the title
- There is disagreement about ownership shares
- One party refuses to sell
- There is uncertainty as to whether funds were a gift or loan
- Family members are financially involved
That said, a formal claim is not always the starting point. With early advice and a clear strategy, many disputes can be resolved without issuing proceedings.
What is the step-by-step ToLATA process?
While each case turns on its facts, the structure is broadly as follows:
- Initial advice and case analysis: Understanding ownership, contributions and available evidence
- Pre-action correspondence: Setting out a clear, reasoned position at an early stage
- Negotiation or mediation: In my experience, a significant proportion of cases resolve here
- Issuing a claim (if required): Where agreement cannot be reached
- Evidence and disclosure: Exchange of financial records and witness evidence
- Final determination or settlement: Either by agreement or court decision
A well-prepared case, with the right pressure applied at the right time, will often resolve before trial.
What evidence strengthens a ToLATA claim?
The outcome of these cases is heavily driven by evidence. The court is concerned with intention and contribution, and I often advise clients to focus on:
- Bank statements showing contributions to deposit or mortgage
- Evidence of funding renovations or improvements
- Emails or messages discussing ownership
- Any written agreement or declaration of trust
- The overall financial arrangement between the parties
- Recollections of verbal conversations about how the property is owned
Where there is clear documentation, the path to resolution is usually far more straightforward.
Should you use mediation in a property dispute?
Mediation can be highly effective, particularly where both parties are prepared to engage constructively. I will often recommend it where:
- There is scope for pragmatic resolution
- Costs are a concern
- There is an ongoing relationship to preserve
However, mediation is not appropriate in every case. Where positions are entrenched or there is a lack of transparency, a more formal approach may be required.
How long does a ToLATA claim take?
- Negotiated outcomes: often within a few months
- Litigated cases: typically 9–18 months
Timescales depend on complexity, cooperation, and court availability. One of the key advantages of early, strategic engagement is the ability to shorten this timeline significantly.
How Setfords can support you.
How can you avoid a ToLATA dispute?
The most consistent theme I see is this: disputes arise where there has been no clear agreement at the outset.
To avoid this:
- Put a declaration of trust in place when purchasing
- Record financial contributions clearly
- Confirm whether funds are a gift or loan
- Take legal advice before entering into the arrangement
These are relatively simple steps, but they prevent a significant amount of litigation.
Intergenerational Property Disputes: A Growing Issue
What is an intergenerational property dispute?
These disputes arise where family members, often parents and children, are financially involved in a property.
Typical scenarios include:
- Parents funding a deposit
- Joint ownership across generations
- Informal financial support without clear terms
In practice, these cases are rarely just about property — they are often tied up with expectations, relationships, and assumptions that were never properly documented.
Why are these disputes becoming more common?
In recent years, I have seen a clear increase, driven by:
- Rising property prices
- Greater reliance on family financial support
- An increase in cohabitation
- Informal arrangements entered into without advice
The legal framework has not changed — but the way people are buying property has.
What is the process in these disputes?
These cases are typically resolved under ToLATA and follow a similar structure:
- Establishing whether contributions were a gift, loan, or investment
- Reviewing available evidence
- Attempting early resolution
- Proceeding to court if necessary
They can be particularly complex due to the number of parties involved and the lack of formal documentation.
Get support with a property dispute?
Alastair Sinclair is a senior family solicitor at Setfords Solicitors with extensive experience in complex property disputes, including ToLATA claims and intergenerational arrangements. He advises clients nationwide and regularly resolves high-value disputes without the need for contested hearings, while taking a robust approach where litigation is required.
Does an informal agreement protect you?
In my experience, informal agreements are one of the most common sources of dispute.
While they can be taken into account, they are:
- Often disputed
- Difficult to prove
- Open to interpretation
This uncertainty is precisely what leads to litigation.
How do courts approach these cases?
The court will look at:
- The intention of the parties at the time
- The nature of the financial contribution
- Any written or informal agreements
- The overall course of dealings
The focus remains on legal and beneficial ownership, rather than what might seem fair.
What are the risks of gifting money for property?
This is an area where I often see misunderstanding.
Advantages:
- Enables family members to purchase property
- Simple in the short term
Risks:
- No control over the asset
- No automatic right to repayment
- Potential for dispute if circumstances change
Clarity at the outset is essential.
How can you avoid intergenerational disputes?
Before entering into any arrangement, I would strongly recommend:
- Clearly documenting whether funds are a gift, loan, or ownership share
- Putting a declaration of trust in place
- Using a formal loan agreement where appropriate
- Ensuring all parties take independent legal advice
- Agreeing exit arrangements in advance
These steps are straightforward to implement but critical in avoiding future disputes.
Final Thoughts
Property disputes between unmarried couples and family members are rarely straightforward, but they are often avoidable.
From my perspective, the key is early clarity. Where arrangements are properly structured and documented, disputes are far less likely to arise. Where they are not, early strategic advice can make a significant difference to the outcome.
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