selling

Force the sale of a jointly owned property: how a TOLATA application works

How to force the sale of a jointly owned property in England and Wales: the TOLATA application, what the court weighs, the court fee and options first.

4 min read
Last reviewed 4 November 2026
By Your Property Check team

Part 1 of 8

Can I force a co-owner to sell?

General information, not advice. If you own a home with someone else and they will not agree to sell, you cannot sell the whole property without them. Section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) gives you a route: "any person who is a trustee of land or has an interest in property subject to a trust of land" may apply to the court. The court may make an order relating to how the trustees exercise their functions, or declare the nature or extent of a person's interest in the property, "as the court thinks fit". It cannot appoint or remove trustees under this section. The rules are in England and Wales; Scotland has its own law.

An order for sale is not automatic. The court uses its discretion, and we do not give a chance of success because no source we read does.

Part 2 of 8

What the court considers

Section 15 lists the matters the court must have regard to on an application. They include:

the intentions of the people who created the trust;
the purposes for which the property is held;
the welfare of any minor who occupies, or might reasonably be expected to occupy, the home;
the interests of any secured creditor of a beneficiary; and
the circumstances and wishes of beneficiaries of full age who are entitled to an interest in possession, or, in a dispute, of the majority by value of their combined interests.

These are the factors the Act names. The word "include" means the court is not limited to them. A solicitor can tell you how they might apply to your facts.

Part 3 of 8

The steps

Step	What happens	Typical document
1. Check how you own it	Find out whether you are joint tenants or tenants in common and what the shares are	Land Registry title register, trust deed if any
2. Talk and try mediation	Try to agree to sell, or to one person keeping the home	Written notes of the offer; mediation agreement
3. Consider a buy-out	One owner takes over the other's share, usually with a valuation	Valuation; transfer form TR1
4. Letter from a solicitor	The other owner is told you intend to apply to the court	Formal letter before claim
5. Court application	A claim is issued asking for an order	Claim form and statement of the facts
6. Hearing and order	The court decides whether to order a sale, how, and how proceeds are divided	Court order

Part 4 of 8

Joint tenants or tenants in common

How you own the home affects your position. Joint tenants own the whole together, and tenants in common hold defined shares. Our guide to tenants in common and joint tenants explains the difference and how to check it. Whatever the form, the person applying should check the Land Registry record first, which our guide to what a Land Registry search shows covers.

Part 5 of 8

Buying out a co-owner

A buy-out can avoid court. One owner buys the other's share, often with a mortgage in their own name, and the transfer is registered at the Land Registry. Our guides to transfer of equity and the TR1 form explain the process. The price of a share depends on the value of the home and on any debts secured on it, so agree a valuation that both sides accept in writing.

Part 6 of 8

Couples who are separating

If you are married or in a civil partnership and separating, the family home is normally dealt with as part of the financial settlement, not by a standalone property claim. GOV.UK says you can use a mediator or get other help to resolve issues out of court, that if you agree you should apply for a consent order to make it legally binding, and that if you cannot agree you can ask a court to make a financial order. Take advice from a family solicitor, and from a free service such as Citizens Advice, before you choose a route.

Part 7 of 8

What it costs

We do not quote legal fees because no source we read gives a reliable figure. The court fee is published. GOV.UK's civil court fees table, updated on 26 October 2026, lists £387 in the county court for a claim other than for money or possession, and £321 for an application on notice where no other fee is specified. Which fee applies to your claim, and what hearing fees follow, is for the court and your solicitor to confirm. Costs also include a solicitor's charges and valuation fees, which only your solicitor can estimate.

Part 8 of 8

Practical points

A court order does not make a sale happen at a particular price. It sets the process. The home is then sold on the open market or by agreement.
Mortgages secured on the property matter. The interests of a secured creditor of a beneficiary are one of the section 15 factors.
If you must sell for money reasons, compare a court route with a negotiated sale or buy-out. Our sale method comparison shows the main selling routes side by side.

This page is general information, not advice.

Our take

Try agreement before you try the court

The court can order a sale under section 14 of TOLATA, but it is a legal process with costs and no certain result. We think a buy out or an agreed sale deserves a serious try first, with real figures on the table so every owner is arguing from the same numbers.

Your Property Check supplies those figures. Our free sale method comparison shows auction, estate agent and cash buyer on net proceeds and timescale, and our free house value tool gives a range from real HM Land Registry sold prices, with the comparable sales shown.

Compare sale routes

Our opinion, drawn from the facts on this page: not advice and not a forecast. We earn from OfferCheck reports and from introducing sellers to cash buyers, so weigh it with that in mind (see our disclosure). We are not authorised or regulated by the FCA.

Questions, answered

Frequently asked questions

What is TOLATA?

The Trusts of Land and Appointment of Trustees Act 1996. Section 14 lets a trustee of land, or anyone with an interest in property held on a trust of land, apply to the court for an order about the property.

Can I force my co-owner to sell?

You can ask the court to order a sale, but the court has discretion and must weigh the section 15 factors. It is not automatic, and the court cannot be assumed to agree.

What does the court consider?

Under section 15, it must have regard to the intentions of those who created the trust, the purposes for which the property is held, the welfare of any minor who occupies it, the interests of secured creditors and the wishes of beneficiaries.

How much does a court application cost?

GOV.UK's fee table updated 26 October 2026 lists £387 in the county court for a claim other than money or possession. Solicitor and other costs are separate and vary, so we quote none.

Can I buy my co-owner out instead?

Yes, by agreement. One owner buys the other's share and the transfer is registered. A written, agreed valuation helps, and a solicitor should handle the transfer.

Where this comes from

Sources

Last reviewed 4 November 2026 by the Your Property Check team. This page is general information, not legal, tax or financial advice. For your own situation, speak to a conveyancing solicitor or another qualified professional.