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What is a TOLATA Claim? Definition, purposes, and when to use it (UK Law vs France)
The legal process of TOLATA claims: Steps, evidence, and outcomes
International and expat aspects: TOLATA vs French indivision for cross-border couples
FAQs about TOLATA claims
PacisLexis Family Law
TOLATA claim unmarried couple
Property disputes between couples, co-owners, or families can be extremely stressful. When you buy property together and your relationship breaks down—or when there’s a dispute about who owns what—having the right legal framework is essential.
In England and Wales, these disputes often fall under TOLATA (Trusts of Land and Appointment of Trustees Act 1996). A TOLATA claim is the mechanism used to ask the court to decide how property should be shared, sold, or managed when co-owners disagree.
But what if you’re an expat or a binational couple? What if your property is in France, or you live under French law? Unlike the UK, France does not have TOLATA. Instead, disputes are resolved under French concepts such as indivision, contrat de PACS, or family law.
Don’t let a property dispute ruin your finances or peace of mind.
Our firm specialises in property and family law disputes in both France and common law jurisdictions.
Book a consultation with our TOLATA and international property dispute lawyers today.
TOLATA claim unmarried couple
What is A tolata CLAIM? Definition, purposes, and when to use it (UK law vs France)
What is TOLATA?
TOLATA stands for the Trusts of Land and Appointment of Trustees Act 1996.
It’s a piece of legislation in England and Wales that allows individuals to ask the court to resolve disputes about property held under a trust of land.
Most often, this arises when unmarried couples or cohabitants buy property together but later disagree on ownership, sale, or shares.
When are TOLATA claims used?
TOLATA claims typically apply when:
- Cohabiting partners separate and disagree on property rights.
- One co-owner wants to sell the property, the other refuses.
- There is a dispute about beneficial shares (who owns what percentage).
- Family members inherit or co-own property and disagree about management.
What can the court decide under TOLATA?
The court has wide powers, including:
- Ordering the sale of the property.
- Determining each party’s beneficial interest (e.g., 50/50, 70/30).
- Allowing one party to remain in the property (e.g., if children live there).
- Resolving disputes about mortgage contributions, deposits, or renovations.
Is there an equivalent of TOLATA in France?
No!
France does not have an equivalent statute to TOLATA. Instead, disputes about co-owned property are handled under the French law of indivision.
Key points:
- Indivision means property is co-owned, and decisions require the agreement of all owners (usually unanimity).
- If co-owners cannot agree, a judge can order a partition (division or sale).
- Cohabitants in France can also set rules through a PACS contract or cohabitation agreement, but not via TOLATA-like claims.
Why such difference?
- Common law (UK): Focuses on equitable ownership, trusts, and judicial discretion.
- Civil law (France): Relies on codified rules about indivision and property ownership, with less judicial flexibility.
Who should consider a TOLATA claim?
- Cohabiting couples in England/Wales who are separating.
- Family members disputing inheritance property.
- Co-owners in disagreement over sale or management.
- Expats with UK property but living in France (you may need TOLATA in the UK, indivision rules in France).
Whether your property is in the UK or France, our lawyers can guide you through TOLATA or French indivision. Book your appointment today.
TOLATA claim unmarried couple
The legal process of TOLATA claims: steps, evidence and outcomes
How do you start a TOLATA claim?
The process usually starts with negotiation or mediation. If that fails, you file a claim in the county court under TOLATA.
What evidence is required?
- Legal title (whose name is on the deeds).
- Financial contributions (deposit, mortgage, renovations).
- Agreements (express or implied).
- Communications (emails, texts) about ownership.
- Conduct during the relationship.
What are the court’s powers under TOLATA?
The court can:
- Declare the ownership shares.
- Order the property to be sold.
- Allow occupation by one party (especially if children are involved).
- Resolve disputes about trustees.
How long does a TOLATA claim take?
Anywhere from 6 months to 2 years, depending on complexity and whether settlement is reached early.
What about costs?
TOLATA litigation can be costly. Legal fees often exceed £10,000–£20,000. Mediation or settlement is strongly advised.
How does French law handle similar disputes?
In France, co-owners in indivision must act together. If one insists on selling, Article 815 of the Civil Code says:
“Nul ne peut être contraint à demeurer dans l’indivision.” (No one can be forced to remain in indivision.)
Thus, any co-owner can request partition. The court may:
- Order a sale of the whole property.
- Grant preference to one co-owner to buy out the others.
- Divide proceeds among co-owners.
This mirrors TOLATA’s sale/ownership orders but is grounded in civil code rules rather than trust law.
Are children’s interests considered?
- UK (TOLATA): Courts may allow one parent to stay in the property for the children’s benefit.
- France: Judges also consider family circumstances when ordering partition, though property law dominates.
If you are facing a property dispute after separation, our lawyers can protect your rights under TOLATA or French indivision. Contact us today.
TOLATA claim unmarried couple
International and expat aspects: TOLATA vs French indivision for cross-border couples
What happens if I am an expat with property in both the UK and France?
- UK property disputes are governed by TOLATA.
- French property disputes are governed by indivision and civil law.
You may face proceedings in two legal systems simultaneously.
Can a TOLATA claim affect French property?
No!
TOLATA only applies to land in England and Wales. French courts have exclusive jurisdiction over French property.
What about mixed couples (French-British)?
Without agreements, disputes can become complex:
- A French partner may expect indivision rules.
- A UK partner may expect TOLATA remedies.
- Without clarity, litigation in two countries may arise.
Can we avoid disputes with a contract?
Yes!
Options include:
- Cohabitation agreement in the UK.
- Convention d’indivision in France (setting out rules for management).
- International cohabitation agreement covering both.
How do French and UK judges differ?
- UK judges: Use equitable principles and fairness.
- French judges: Apply codified property law, less room for equity.
What about taxation?
French and UK property ownership have different tax consequences (inheritance tax, capital gains). Proper structuring is essential.
Why consult a lawyer with international expertise?
Because cross-border couples need someone who understands both TOLATA claims in England/Wales and French indivision law, and who can coordinate between the two systems.
Don’t get lost between two systems. Our international property dispute lawyers can guide you through TOLATA in the UK and indivision in France. Book now.
TOLATA claim unmarried couple
FAQs about TOLATA claims
Can TOLATA stop a sale?
Yes, the court can refuse a sale if unfair, or delay it if children live there.
Do I need a lawyer?
Yes!
TOLATA and French indivision disputes are technical, costly, and emotionally charged. A lawyer ensures fairness, strategy, and enforceability.
Can mediation help?
Yes!
Courts encourage mediation before litigation in both systems.
What’s the risk without legal advice?
Losing property rights, prolonged disputes, or unfair outcomes.
Why consult PacisLexis Family Law?
Because we specialise in cross-border property disputes for expats, combining expertise in UK TOLATA and French indivision.
Protect your home, your assets, and your peace of mind. Book a consultation with our TOLATA and international property dispute lawyers today.
To help you
and to care
PacisLexis Family Law
A TOLATA claim is a powerful tool in England and Wales for resolving disputes about co-owned property.
France, however, does not recognise TOLATA—its equivalent lies in indivision law and partition proceedings. For expats and binational couples, understanding these differences is essential.
Whether your property is in London, Paris, or both, our international property dispute lawyers can help. Book a consultation today.
PacisLexis Family Law
Our separation & divorce articles
Choosing the applicable divorce Law
If you are an expatriate couple considering divorce in Europe, understanding how to choose the applicable law is crucial. The Rome III Regulation—in force for certain EU countries—gives spouses the right to choose which national law will govern their divorce or legal separation. But the process can be tricky, especially for couples with ties to different countries or different legal traditions—like French civil law and common law systems.
Conditional order
A conditional order is a legal document issued by a court outlining specific conditions that must be fulfilled before a final decision or decree is granted. It is commonly used in legal systems like those in England and other Common Law jurisdictions. Conditional orders are particularly prevalent in divorce cases, where they represent an intermediate stage confirming that the applicant is entitled to a divorce but must meet certain requirements before finalizing the process.
Changing a child arrangement order
When life circumstances change, so too might the needs of your family, particularly when it comes to child arrangement orders. Whether you’re navigating this issue under common law systems (like in the UK or US) or within French family law, understanding your options is crucial.