Anna Roiser explores the role of economic abuse in TLATA claims in Financial Remedies Journal
Anna’s article was published in the Financial Remedies Journal, 17 November 2025, and can be seen here.
Anna Roiser, Senior Knowledge Lawyer in our Family & Relationships department, examines the relevance of economic abuse in claims under the Trusts of Land and Appointment of Trustees Act 1996 (TLATA).
While economic abuse is rarely referenced explicitly in TLATA case law, Anna explains that it can be highly relevant in disputes over property ownership following the breakdown of cohabiting relationships. With the Domestic Abuse Act 2021 now defining economic abuse in broad terms, and many family lawyers believing it remains under-recognised in property disputes, Anna argues that the law must evolve to reflect the realities of coercive control and financial manipulation.
Anna highlights how economic abuse may be particularly significant in sole name property cases, where one partner is misled into believing they have a beneficial interest. She explores key cases such as Eves v Eves and Grant v Edwards, where courts inferred a common intention to share ownership based on the legal owner’s conduct. More recent decisions, like DDR v BDR, show how the courts are beginning to acknowledge the impact of economic abuse, especially where one party has been manipulated into contributing financially without legal protection.
Anna also explores how victim-survivors might challenge express declarations of trust through claims of undue influence, fraudulent misrepresentation, or a change in common intention. She discusses cases such as Smith v Cooper and Razaq v Shaheen, which demonstrate how courts may intervene when one party has abused their position of trust. These cases underscore the potential for equitable doctrines to provide redress, even if TLATA itself does not directly address economic abuse.
Anna concludes by calling for greater awareness and legal reform to ensure that the law keeps pace with contemporary understandings of domestic and economic abuse. She emphasises the importance of recognising the nuanced ways in which financial control can distort property arrangements and urges practitioners and judges alike to engage more deeply with these dynamics in TLATA claims.
Read the full article on the Financial Remedies Journal’s website [external link].