If you’ve ever bought a property with someone else — whether that’s a partner, family member, or friend — you may have more rights than you realise under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).
This important piece of legislation sets out how disputes about jointly owned property are resolved, and what the courts can do when owners can’t agree.
What does TOLATA cover?
TOLATA gives the courts power to step in when there’s disagreement over property. In particular, it covers:
- Who controls the property – It sets out the powers of the people (trustees) who legally own the property, whether for themselves or for others.
- Resolving disputes – If co-owners can’t agree on whether to sell, or who should live in the property, the court can make a decision.
- Protecting interests – Anyone with a financial or beneficial interest in the property can have their rights recognised and protected.
Common situations where TOLATA applies
- Break-ups – One partner wants to sell, the other doesn’t.
- Family disputes – Siblings inherit a house but disagree on what to do with it.
- Investments – Friends buy a property together, but plans change over time.
What can the court do under TOLATA?
When asked to decide, the court can:
- Order the sale of the property.
- Decide how the sale proceeds should be divided.
- Declare the exact share of the property each person owns.
- Allow someone to remain living in the property in certain circumstances.
Why it matters
Property disputes can be stressful, emotional, and expensive. TOLATA provides a clear legal framework to resolve these situations fairly.
It doesn’t automatically force a sale, but it does give the courts the tools to make legally binding decisions when owners can’t agree.
If you think TOLATA might apply to you, it’s always best to seek advice early so you fully understand your rights and options.
Conclusion
TOLATA 1996 exists to protect everyone’s interests when property ownership gets complicated — whether you’re separating from a partner, dealing with inheritance, or simply can’t agree on what to do with a shared property.
If you think you may have a matter where TOLATA applies, our specialist Dispute Resolution Team is here to help. Call 0800 118 1500 or fill out an enquiry form below:
Disclaimer
This blog was written by Abbie Danks, Apprentice Solicitor, in our Dispute Resolution Team. The contents of this blog or any other published by Talbots Law cannot be considered as legal advice. You should take no action without prior consultation with a qualified solicitor or legal professional. The contents of this blog refers to the process in England and Wales.