‘My Name Isn’t on the Deeds, but I Paid the Mortgage’ — Do I Have a Claim?

Owning a property is one of the biggest financial commitments many people will ever make, and disputes over joint ownership can become complicated, especially when only one person is named on the title deeds, but both parties have contributed financially. If you’ve helped pay the mortgage, made improvements, or invested in a home that isn’t legally in your name, you may wonder whether you have any legal rights.

The good news is that you may have a claim. This article explains how and why. You’ll want to speak to our Brighton solicitors as soon as possible so we can review your situation.

Legal Ownership vs Beneficial Interest

In UK property law, there’s a distinction between legal ownership (whose name is on the deeds) and beneficial ownership (who has a financial interest in the property).

Even if your name isn’t registered as a legal owner with HM Land Registry, you might still have a beneficial interest if you can show that you contributed to the purchase price, mortgage payments and renovations or had a clear agreement about shared ownership.

This type of situation often falls under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).

What Is TOLATA?

TOLATA stands for the Trusts of Land and Appointment of Trustees Act 1996. It’s a piece of legislation in the UK that governs disputes over property ownership when more than one person has a financial or beneficial interest in a property, even if they’re not named on the legal title or deed.

When Might You Have a TOLATA Claim?

You may have a claim if:

• You made regular contributions to the mortgage repayments.
• You paid for significant home improvements or renovations.
• You contributed to the deposit or purchase price.
• There was a clear verbal or written agreement between you and the legal owner that the property would be shared.
• The legal owner led you to believe you would have a share in the property, and you relied on this to your detriment.

This is particularly common in cases involving unmarried couples, family members or friends buying property together without putting formal agreements in place.

Related: Joint Ownership in the UK: Understanding Your Property Rights

How Do You Prove Your Interest?

To make a claim, you need to show that there was either:

1. A common intention constructive trust, meaning both parties intended to share the property, and one acted to their detriment based on that intention (e.g., paying the mortgage or funding an extension).
   
2. A resulting trust, where financial contributions, usually to the purchase price or deposit, indicate an intention to share ownership.

Gathering evidence is key. This may include:

• Bank statements showing payments
• Emails or text messages discussing ownership
• Records of home improvement expenses
• Witness statements from friends or family

A solicitor can help you review and present this evidence effectively.

What If the Other Person Disagrees?

If the legal owner denies your claim, you may need to pursue the matter in court. Under TOLATA, you can apply to the court to:

• Declare your beneficial interest in the property.
• Order the sale of the property and a fair distribution of proceeds.
• Prevent the legal owner from selling or mortgaging the property without your agreement.

The court will assess the facts, review the financial history and consider any agreements made between the parties in question.

Protecting Your Position in the Future

If you are planning to buy or invest in a property and your name won’t be on the title deeds, it’s vital to formalise the arrangement to protect your interests. We can help you:

• Set up a Declaration of Trust, outlining who owns what and how proceeds will be divided
  Ensure both parties are on the mortgage and title deeds
• Keep clear records of any financial contributions

Getting legal advice early can prevent costly and stressful disputes later on.

Final Thoughts

If you’ve paid toward a mortgage or property that isn’t in your name, you may still have a legal interest — and possibly a strong case. Every situation is different, and outcomes depend on the facts and evidence available.

At Burt Brill & Cardens, our experienced property litigation team can assess your situation and advise you on the best action. Whether through negotiation, mediation or court proceedings, we’re here to protect your rights and your financial future.

If you have a dispute about jointly owned property, contact our experienced team today for expert guidance on your TOLATA claim. Call us on 01273 604 123, email us at enquire@bbc-law.co.uk or make an enquiry.