Cohabitation & Separation (TOLATA Guide)

Paradigm Family Law - Guides and Resources

This guide explains the key rights and remedies for unmarried couples who separate, including property disputes under TOLATA and financial claims for children under Schedule 1. It outlines what courts look at when deciding ownership and the evidence that can help prove an interest in a property.

Table of Contents

Couples who live together do not have the same rights as married couples.
This guide explains your rights on property, finances, and children under TOLATA and
Schedule 1.

UNDERSTANDING TOLATA

Key issues:
1. Property ownership
2. Financial contributions
3. Intentions
4. Constructive trust claims
5. Resulting trust claims

PROVING YOUR INTEREST

Evidence may include:
1. Payments
2. Agreements
3. Emails or messages
4. Conduct
5. Contributions to improvements

SCHEDULE 1 FOR CHILDREN

Provides financial support for:
1. Housing
2. Education
3. Maintenance

KEY QUESTIONS

Is my name on the deeds?
Can I prove contributions?
Do I have claims for the children?

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