FAQ
Frequently Asked Questions about TOLATA Claims, Orders for Sale, and Property Disputes
The Problem & The Solution
TOLATA stands for the Trust of Land and Appointment of Trustees Act 1996. It’s the law that allows a court to decide on a dispute concerning a jointly owned property, particularly for unmarried couples, friends, or family members. An ‘Order for Sale’ is one of the key outcomes of a TOLATA claim.
If you cannot agree to sell the property, your only option may be to apply to the civil court for an ‘Order for Sale’. This is a legally binding court order that compels the sale of the property, which is what our service is designed to help you with.
Our service is specifically for individuals who own a property jointly with a co-owner they are no longer in a relationship with, such as an ex-partner, friend, or family member. We focus on situations where one person wants to sell, but the other refuses to cooperate.
No. Our service is for property disputes between unmarried parties. If you are married, you should seek legal advice from a solicitor specialising in family law and divorce, as the division of assets is handled by a different court process.
The Process & Your Role
A solicitor is a legal professional who provides legal advice and conducts litigation on your behalf for a fee. We are not solicitors. We act as your guide, empowering you to represent yourself in court as a ‘Litigant in Person’ (LiP), saving you thousands in legal fees.
A Litigant in Person is someone who represents themselves in court without a legal representative. With our guidance and tools, you can confidently and effectively prepare your case and navigate the legal process yourself.
The first step is to communicate your intention to sell the property in writing to the other party. We can help you draft a clear letter that outlines your position and intent. This is a crucial first step that shows the court you have made a good-faith attempt to resolve the dispute outside of court.
To begin, you will need to gather all documents related to the property, such as the title deeds, mortgage statements, and a copy of any trust deed. You will also need evidence of any financial contributions you have made, like bank statements, receipts for renovations, and any written correspondence (emails, texts) related to the dispute.
Yes, as a Litigant in Person, you will be required to attend any court hearings related to your case. Our service prepares you for this by giving you the knowledge and confidence to present your case effectively.
Specific Scenarios
If children live in the property, the court must consider their welfare under Section 15 of the Act. While this doesn’t automatically stop a sale, it can sometimes lead to the sale being deferred until the children reach a certain age. We can help you understand how the court balances the needs of children against your right to realise your equity.
Our service is specifically designed for this exact situation. The refusal to cooperate is the reason you need a court order, and we provide you with the necessary tools and guidance to move your case forward regardless of their lack of cooperation.
If they ignore the claim, they cannot simply stop the process. While a “Default Judgment” (winning automatically on paper) is technically rare in TOLATA cases, the court will simply move the case forward in their absence.
If they fail to file an Acknowledgment of Service or a Witness Statement, the Judge can proceed to a hearing and make an Order for Sale based solely on your “Arsenal” of evidence. Essentially, by staying silent, they lose their right to argue against the sale.
The legal process is very similar regardless of whether you are joint tenants or tenants in common. Our service covers both scenarios and will help you understand how your ownership type might affect the division of equity.
A TOLATA claim is applicable even if there is no mortgage. The dispute is over the beneficial ownership of the property itself, not just the mortgage.
Even if you hold the property jointly, the court can consider unequal contributions to the deposit, mortgage payments, or property improvements.You will need to provide strong evidence of these contributions to support your claim for a larger share of the proceeds.
Cost & Next Steps
The court’s fee for an application is a fixed amount. The total cost of obtaining a Court Order for Sale depends on the complexity of your case and whether you use our service to guide you through the process. Using our service is a fraction of the cost of hiring a solicitor full-time. However, you do have the option to use a solicitor on an ad-hoc basis for specific advice or complex issues, which can help control costs while still ensuring professional legal support when needed.
The time it takes to get a Court Order for Sale varies based on factors like the court’s schedule and the cooperation of the other party. On average, the process can take several months. We will help you move through each stage as efficiently as possible.
Yes, absolutely. Using a solicitor for a specific, complex issue on an ad-hoc basis (e.g., for a fixed-fee consultation) is a great way to get targeted legal advice. Our service empowers you to handle the bulk of the case yourself, but you can always seek a solicitor’s opinion on a particular point if you need it. This allows you to control costs while still getting professional assistance when it’s most critical.
Getting started is easy. Book your One-on-One Procedural Strategy Session via our contact form. We will deep-dive into your situation and provide your first legal moves for a fixed fee of £197
Claim Types & Possible Outcomes
Besides ordering the sale of the property, the court under TOLATA can declare the share of beneficial ownership, decide who has the right to occupy the property, or make an order affecting trust management. The court has flexibility to address financial contribution claims, clarify trusts, or resolve disputes about who may live in the property, depending on each case’s facts.
Yes, you can apply to the court to determine exactly what proportion of the property you own, even if the property is not being sold. This is useful if you wish to have your interest legally defined for the future, such as on inheritance, or if you plan to move out but keep your share
In civil litigation, the general rule is that the unsuccessful party may be ordered to pay the costs of the successful party. However, cost awards are always at the court’s discretion and the judge will consider the conduct of both parties.
If you represent yourself as a litigant in person, and the court makes a costs order in your favour, you may be able to claim:
Your Time
A fixed hourly rate for time reasonably spent working on your case.
This is currently £19 per hour under the Civil Procedure Rules.
Your Out-of-Pocket Expenses
These may include:
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Court fees (such as the current £377 issue fee for many TOLATA claims)
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Reasonable travel expenses to attend court
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Printing, copying, and postage costs
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Fees paid for professional services such as expert reports or legal advice
Because litigants in person typically have lower overall costs than solicitor-led cases, the total recoverable amount is often significantly lower than a traditional legal bill.
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⚠️ Important Note on Mediation and Conduct
The court expects parties to behave reasonably and to consider alternative dispute resolution (ADR) where appropriate, such as mediation.
If a party unreasonably refuses to engage in ADR, the judge has the power to adjust the costs order. In some situations this could mean:
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Reducing the costs that party can recover
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Ordering them to pay some of the other side’s costs
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Declining to award certain litigant-in-person costs
For this reason, it is generally sensible to consider mediation or settlement discussions where appropriate, even if a court claim ultimately becomes necessary.
No. In a TOLATA claim, mediation is not a legal requirement before starting court proceedings. You can issue a claim for an order for sale or a declaration of beneficial interest without attending mediation first.
However, the court expects parties to consider Alternative Dispute Resolution (ADR) where it may help resolve the dispute. Mediation is the most common form of ADR used in property disputes.
If one party unreasonably refuses to consider mediation, the judge may take this into account when making cost decisions later in the case.
For example, the court may:
- Encourage or suggest mediation during the proceedings.
- Pause (stay) the case temporarily to allow parties to attempt settlement.
- Adjust cost awards, particularly if a party refused mediation without good reason.
For this reason, many people choose to explore mediation or negotiation before issuing a claim, as it can sometimes resolve matters faster and at lower cost.
That said, mediation is not always appropriate, particularly where:
- One party refuses to engage
- There is a complete breakdown in communication
- Urgent court intervention is required
In those situations, it may be reasonable to proceed directly with a court application.
Evidence such as written aqgreements, bank statements showing financial contributions, receipts for improvements, utility bills, or written correspondence about intentions or ownership can all be very helpful. The stronger and more detailed your documentation, the likelier you will succeed in your claim.
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