For unmarried couples who are separating and who own land or property together, the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) gives courts certain powers to resolve disputes about the ownership of land.

Our family solicitors can help you to resolve a property or land ownership dispute, whether going to court is required or not.

A TOLATA claim can also be issued:

• to force the sale of land or property
• to reoccupy a former family home when an ex-partner refuses to leave
• by parents/grandparents wanting to recover their financial interest in the property
• to determine the share you each own

Financial provision for children of unmarried couples

Unmarried couples with children who separate do not have the same legal remedies as married couples who divorce.

Some couples can reach an informal agreement between themselves in relation to the appropriate level of child maintenance to be paid to the parent with care. If this is not possible then in most cases the Child Maintenance Service (formerly the Child Support Agency or CSA) can carry out an assessment. The Child Maintenance Service do not however have jurisdiction in all circumstances and do not have the ability to make any capital awards for the benefit of children.

In cases where there are substantial assets it may be possible to obtain a capital lump sum and/or apply to the court for the transfer or settlement of property for the benefit of children.

It is also possible to apply to the courts for ‘top up’ child maintenance, school fees or costs associated with bringing up a child with a disability in cases where the absent parent has substantial income.