28 May 2026 · 6 min read
The short answer
Yes, in most cases you can. If you co-own a property in England and Wales and one of you wants to sell while the other refuses, the law provides a route to force the issue. A co-owner can apply to the court for an order for sale under the Trusts of Land and Appointment of Trustees Act 1996, usually shortened to TOLATA.
It is a last resort, not a first move. Court is slow and expensive, so it is worth understanding how it works and what the alternatives are before you go near it.
What TOLATA actually allows
Under section 14 of TOLATA, any trustee of the property or any person with an interest in it can apply to the court. The court has wide powers: it can order the property to be sold, postpone a sale, or decide who is allowed to live there in the meantime. For two cohabiting co-owners who can no longer agree, an order for sale is the usual outcome being sought.
What the court weighs up
Section 15 sets out the factors the court must consider before making an order. In plain terms, these are:
- The intentions of the people who created the trust (in other words, why you bought the property together).
- The purpose the property is held for, for example providing a family home.
- The welfare of any child who occupies, or might be expected to occupy, the property as their home.
- The interests of any secured creditor, such as the mortgage lender.
The presence of children living in the home is often the factor that delays a sale, since the court will not lightly put a child's home at risk.
Married couples are different
TOLATA is the route for cohabiting and unmarried co-owners, and for friends or family members who own together. Married couples and civil partners who are separating usually deal with the property as part of divorce or dissolution proceedings, where the court has much wider powers to redistribute assets. If you are not married, you do not get those powers, which is exactly why your paper trail matters so much.
How the proceeds get divided
Forcing a sale and dividing the money are two separate questions. Once a sale happens, the proceeds are split according to your beneficial shares. If you signed a Declaration of Trust setting out those shares, that document is normally decisive. If you did not, the court works out the shares from your contributions and intentions, which means it comes down to what you can prove you paid.
Cheaper alternatives to court
- Negotiation. One of you buys the other out at an agreed value.
- Mediation. A neutral third party helps you reach an agreement without litigation.
- Sale by agreement. You both agree to sell and split the proceeds according to your shares.
All of these are quicker and cheaper than a contested TOLATA claim, which can run into thousands or even tens of thousands of pounds in legal costs. They also depend on being able to agree the split, which is far easier when there is a clear record of who contributed what.
The bottom line
You can usually force the sale of a jointly owned property through a TOLATA application, but it is expensive and the court has discretion, especially where children are involved. Whether you end up in court or settle by agreement, the size of your share will turn on the evidence. The better your record of contributions, the shorter and cheaper the dispute.
This article is general information about the law in England and Wales, not legal advice. For your own situation, speak to a qualified solicitor.
TrustBadger keeps a timestamped, solicitor-ready record of every contribution you and your co-owner make to your shared home. 14-day free trial, no card needed. Start your trial.
