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Free TOLATA checker: could you have a claim on the house?

Not married and worried about the house? Answer three quick questions for an indicative read on your beneficial interest position.

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By Sital Somaiya, Founder and Solicitor. Last reviewed 15 October 2026.

If you are unmarried and separating, the law does not divide your home according to what seems fair. It asks who owns what. A claim under the Trusts of Land and Appointment of Trustees Act 1996, known as a TOLATA claim, is how a court decides that.

This checker asks about how your home was bought and paid for, and what was said between you. It takes about two minutes and gives you an indication of whether you may have a claim. Nothing you enter is stored unless you ask us to call you.

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Just three details before you start.

We'll send you a copy of your result and, if useful, a solicitor will call you back within 1 working day. No obligation.

By continuing you agree to our privacy policy. We only use these details to send your result and, if you want, arrange a callback.

How the checker works

The questions follow the issues a court looks at. Each answer moves your result towards or away from a likely claim.

The checker asks Why it matters
Were you married or in a civil partnership? If so, TOLATA is usually not the right route. Property is divided on divorce under different, wider rules.
Whose name is the home in? Joint names start at equal shares. If it is in one name, you have to prove you were meant to have a share.
Did you pay towards the deposit, mortgage or major works? Direct contributions are the strongest evidence of a shared intention to own the home.
Did your partner promise you a share, or give a reason you could not be on the deeds? Promises and excuses can found a constructive trust or proprietary estoppel claim.
Did you give up anything to move in? Giving up a home or tenancy can be the detriment a court needs to see.
Has either of you moved out, and when? What happens after separation can change the shares, as in Jones v Kernott.

Understanding your result

Result What it means Sensible next step
Likely claim Your answers match the features of successful claims Gather your evidence and get advice before your partner sells, remortgages or moves on
Possible claim Some features are there, but a court would need more evidence Collect bank records and messages, then take advice on how strong the claim is
Claim unlikely on these answers The usual features of a claim are missing You may still have other options, such as a claim for children under Schedule 1 or a claim against an estate

The result is a guide, not legal advice. Small details, such as a single text message about being put on the deeds, can change the picture completely.

What the checker cannot tell you

  • The size of any share. That depends on the whole course of dealing between you and can only be assessed with the full facts.
  • Whether your evidence will be believed. Claims often turn on what each partner says was agreed.
  • Claims for children. An unmarried parent may have a separate claim for housing or money for a child. See our guide to Schedule 1 claims.
  • Claims on death. If your partner has died, different rules and deadlines apply.

If you have a claim: what happens next

Step What it involves
1. Protect the property If the home is in your partner’s name, consider a restriction at HM Land Registry so it cannot be sold without notice. See our beneficial interest guide.
2. Gather evidence Bank statements, messages, the purchase file and what you gave up
3. Letter of claim A detailed letter setting out your case, following the court’s pre-action rules
4. Try to settle Negotiation or mediation. Most claims settle at this stage.
5. Court If not, an application under section 14 of TOLATA for the court to decide the shares and whether the home is sold

Guides to read next

Frequently asked questions

What is a TOLATA claim?

It is an application to court under section 14 of the Trusts of Land and Appointment of Trustees Act 1996. The court decides who owns what share of a property and whether it should be sold. It is the usual route for unmarried couples in dispute over a home.

I am not on the deeds. Can I still claim?

Possibly. You would need to prove you were meant to have a share, for example through contributions to the purchase or mortgage, or promises your partner made that you relied on. The checker looks at exactly these points.

Does the checker work for married couples?

It will tell you that TOLATA is usually not the right route. Married couples divide property on divorce under the Matrimonial Causes Act 1973, which gives the court much wider powers.

Is there a deadline for a TOLATA claim?

There is no single fixed deadline for most claims, but delay makes evidence harder to find and can change the outcome. If your partner is selling or remortgaging, act quickly.

Is my information stored?

No. Your answers are used only to show your result. We only receive your details if you choose to request a callback.

Sources

Talk to us

Signature Law acts for partners on both sides of TOLATA claims in Romford, Essex and East London, in English, Gujarati, Hindi and Urdu. Speak to our cohabitation solicitors.

Request a callback, or call 01708 398 851.