Legal rights for unmarried couples

Legal rights for unmarried couples have been a hot topic in recent years. With UK marriage rates at an all-time low and many struggling to get a foot on the property ladder, cohabiting can quickly turn sour.

Let’s set the scene: you and your partner are excited to invest in your future as a couple. Cohabiting seems the obvious choice. The idea of breaking up is the furthest thing from both of your minds (as is paperwork). Your 75% deposit contribution and your partner’s 25% contribution is paid and you move in, thrilled to start a new chapter. Unfortunately, the dream of living together quickly became a nightmare. The daily arguments over chores, bickering over finances and struggling with the mental load take their toll and you decide to separate. Only now do you start to consider legal rights for unmarried couples.

When relationships end, emotions naturally run high but when property is involved, things can get even more complicated.

Suddenly your partner wants 50% of the house, citing all the things they did for you and the improvements made to the house during your relationship. Now you find yourself wondering about legal rights for unmarried couples, worrying about your future.

In these circumstances, section 14 of the Trusts of Land and Appointment of Trustees Act 1996, commonly referred to as TOLATA, can be a real life (and deposit) saver.

What does TOLATA mean?

At its core, TOLATA is a legal framework designed to resolve disputes between individuals who jointly own property together. Whilst TOLATA does not replace legal rights for unmarried couples, whether you're separating from a partner, resolving financial interests with family members, or clarifying informal ownership arrangements, TOLATA can provide clarity and structure. In brief, TOLATA empowers the court to make decisions about:

• How ownership of the property is apportioned i.e. in shares and what percentage. This is especially useful when ownership isn’t clearly set out in writing.
• Whether the property should be sold, and under what terms.
• Occupation of the property i.e. whether a party may continue residing there. This is particularly useful in the event of a dispute or separation.

In summary, TOLATA doesn’t replace legal rights for unmarried couples. But it is an essential legal tool for situations where parties disagree about their rights and responsibilities concerning jointly owned land or property.

When does TOLATA apply?

Some of the most common scenarios where TOLATA applies include disputes where:

• an unmarried couple who own a home together are now separating;
• family members or friends have purchased a property jointly or contributed financially to the purchase of a property without formal legal recognition;
• third parties (such as parents) who provided funds for a purchase are now seeking to recover their share;
• one party wants to sell, but the other refuses or disputes their interest in the property; or
• a vulnerable person may have been coerced into adding another person to the title of their property.

It is also important to note, that religious marriage ceremonies themselves are not legally recognised in the UK unless they fulfil certain requirements. In 2024, 59.5% of all marriages in the UK were religious ceremonies rather than civil, a number that is likely to be higher in reality, due to lack of records. Therefore, your religious marriage (e.g. Nikkah, Anand Karaj and/or Vivaha Sanskar) may not provide adequate legal protection. In fact, for the purposes of the legal system, you remain unmarried, unless you have a separate civil ceremony.

Who can make a TOLATA claim?

In short, a TOLATA claim can be made by unmarried couples and cohabitees, family and business partners, trustees and any financial contributors – even if they aren’t listed on the title deeds for the property. It is particularly important given the absence of legal rights for unmarried couples.

How to make a TOLATA application

If you are concerned about legal rights for unmarried couples and wondering how to make a TOLATA application, Thompson Smith and Puxon can support you through this complex and emotional process. Our expert lawyers aim to resolve disputes efficiently and fairly, focusing on minimising stress and protecting the long term interests of our clients. We work with you to:

• Determine legal ownership and entitlement;
• Explore options like negotiation and mediation which will help avoid unnecessary litigation;
• Prepare and file court applications (where required) and;
• Represent your interests in court if a resolution cannot be reached by alternative means.

How long does a TOLATA claim take?

As with any claim, there is never an exact timeline. Variables like the case complexity, the level of cooperation between parties involved and the methods utilised to resolve the matter (if for example, the claim proceeds to court) can all impact progress. If the latter, then court delays can also apply.

Think ahead

Since there aren’t any legal rights for unmarried couples, it’s always best to prepare for the worst case scenario - such as a relationship breakdown - when entering into a joint property purchase. This will enable you to avoid further difficulties if things deteriorate later on. If you're entering into a joint property arrangement with a partner, friend, or relative you should always have a Declaration of Trust drawn up. This document will clearly outline each party’s contributions, and help to prevent misunderstandings and/or disputes later on.

If you need support in resolving a property dispute following a relationship breakdown, visit our Dispute Resolution for Individuals page to learn more about our services.

The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance.