When relationships break down, family arrangements unravel, or co-owners cannot agree on what should happen to a property, disputes can quickly become both stressful and expensive. One of the most common questions people ask is: “Can I force the sale of a property?”

In England and Wales, the answer may lie within the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). A TOLATA claim allows the court to resolve disputes concerning property ownership, occupation and, in some cases, order the sale of a property.

Whether you are a co-owner seeking to realise your share, a former partner disputing ownership rights, or a creditor seeking repayment, understanding how the court approaches an application for an order for sale is crucial.

In this article, Sara Shimi, a solicitor in the Dispute Resolution & Litigation team at Geoffrey Leaver Solicitors explores the key considerations before bringing a TOLATA claim and explains the factors that can influence the outcome.

What is a TOLATA claim?

A TOLATA claim is a legal application made to the court in relation to property held on trust. It is commonly used where there is a disagreement about:

• Ownership of a property;
• The size of each party’s share;
• Occupation rights;
• Whether a property should be sold; or
• How sale proceeds should be divided.

These disputes frequently arise between unmarried couples, family members, friends who have purchased property together, and trustees in bankruptcy.

While a court has the power to order a sale, it will only do so after carefully considering all of the circumstances of the case.

1. Make sure you have the right to bring a claim

Before issuing proceedings, it is important to establish whether you have legal standing to make an application under TOLATA. Those who may apply include:

• Trustees of land;
• Individuals with a beneficial interest in the property;
• Trustees in bankruptcy;
• Mortgage lenders and secured creditors; and
• Other parties whose interests are affected by the trust.

Many people assume that being connected to a property automatically gives them the right to seek a court order. However, the court will first consider the nature of your interest and whether the dispute falls within the scope of TOLATA.

Identifying your legal position at an early stage can help avoid unnecessary costs and delays. It can also clarify whether alternative routes to resolution may be more appropriate.

2. An order for sale is not automatic?

One of the most common misconceptions is that a co-owner can force a sale whenever they choose. The reality is much more nuanced.

When deciding whether to grant an order for sale, the court must consider a number of factors set out in section 15 of TOLATA, including:

• The intentions of the person or people who created the trust;
• The purpose for which the property is held;
• The welfare of any child living at the property; and
• The interests of any secured creditors.

For example, if a property was purchased as a family home and children continue to live there, the court may be reluctant to order an immediate sale. On the other hand, if the relationship has ended and the original purpose of the property no longer exists, a sale may be more likely.

Where mortgage arrears have accumulated or creditors are involved, the court may place significant weight on the need to satisfy outstanding debts.

Every case is different, which is why obtaining tailored legal advice is important before commencing proceedings.

3. Ownership disputes often sit at the heart of the claim

In many cases, the dispute is not actually about whether a property should be sold. The real issue is determining who owns what share of the property.

This is known as a dispute regarding beneficial ownership. Questions commonly raised include:

• Did both parties contribute financially to the purchase?
• Was there a verbal agreement about ownership shares?
• Were mortgage payments made by both parties?
• Did one person fund significant renovations or improvements?
• Was there a declaration of trust setting out ownership proportions?

These disputes frequently arise between unmarried couples. For example, one person may be the sole legal owner shown on the title deeds, while the other argues they should receive a share because they contributed towards the deposit, mortgage or household expenses.

The court will consider the available evidence and the parties’ intentions to determine their respective interests.

This can have a significant impact on the outcome of the claim, particularly where substantial equity has built up in the property.

4. Good evidence can make all the difference

Like many property disputes, TOLATA claims are heavily evidence-based.

A claimant who can clearly demonstrate their position is often in a much stronger position than one who relies solely on recollections of conversations or informal arrangements. Helpful evidence may include:

• Land Registry records:
• Mortgage statements;
• Bank statements;
• Proof of deposits and financial contributions?
• Property valuations;
• Emails, letters or text messages; and
• Any declaration of trust or written agreement.

The court will also consider the conduct of both parties throughout the dispute.

Before issuing proceedings, parties should explore opportunities to resolve matters through negotiation or mediation where appropriate. Not only can this reduce costs, but courts increasingly expect parties to engage constructively before commencing litigation.

Failing to do so may have consequences when the court decides who should pay legal costs.

Why early advice matters

Property disputes can quickly become complex, particularly where ownership arrangements were never formally documented. Seeking legal advice at an early stage can help you:

• Understand the strength of your claim;
• Identify evidential gaps;
• Explore settlement opportunities?
• Protect your financial interests; and
• Avoid unnecessary litigation where possible.

A practical and commercially focused approach can often help parties reach a resolution without the stress and expense of a fully contested court hearing.

How Geoffrey Leaver Solicitors can help

Disputes involving property ownership can be emotionally challenging and financially significant. Whether you are seeking an order for sale, disputing ownership shares, defending a TOLATA claim or trying to resolve a disagreement with a co-owner, obtaining specialist advice at an early stage can make a significant difference.

At Geoffrey Leaver Solicitors, our experienced Dispute Resolution and Litigation team advises clients on all aspects of TOLATA claims, beneficial ownership disputes and property litigation. We focus on achieving practical, cost-effective solutions while protecting our clients’ interests.

If you are involved in a property dispute or considering a TOLATA claim, contact Sara Shimi in the Dispute Resolution & Litigation team on 01908 689312 or email sshimi@geoffreyleaver.com. Geoffrey Leaver Solicitors have offices in Milton Keynes, Buckinghamshire.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.