Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
The Legal Rights and Wrongs of Puberty Blocking in England
Hannah Hirst, PhD student, University of Liverpool, School of Law and Social JusticeKeywords: Puberty blockers – children’s rights – access to health – UNCRC –...
Re M (Special Guardianship Order: Leave To Apply To Discharge) [2021] EWCA Civ 442
(Court of Appeal (Civil Division), Peter Jackson, Baker, Elisabeth Laing LJJ, 26 March 2021)Public Law Children – Special guardianship – Leave to apply to discharge SGO – Refusal...
AB v CD & Ors [2021] EWHC 741 (Fam)
(Family Division, Lieven J, 26 March 2021)Medical treatment - Gender Dysphoria – Consent – Young person prescribed puberty blockers – Decision in Bell – Whether parents could...
Re H-N And Others (Children) (Domestic Abuse: Finding of Fact Hearings) [2021] EWCA Civ 448
(Court of Appeal (Civil Division), President, King, Holroyde LJJ, 30 March 2021)Private law children - Domestic Abuse – Fact finding – ApproachThe Court of Appeal provided guidance in four...
Unequal chances? Ethnic disproportionality in child welfare and family justice
Many have experienced their own Black Lives Matter moment in the last 12 months, a sharp realisation of entrenched prejudices and inequalities that still exist in our society.In the family justice...
View all articles
Authors

Joint owners, severance and the family home

Sep 29, 2018, 19:31 PM
family law, joint owners, cohabitation, severance, family home, Beneficial ownership, Presumption of equality, equality, property
As we all know, the consequence of purchasing the family home in joint names is that this brings into operation a default rule that, unless the contrary is proved, ‘joint tenants in this context are treated as joint legal and beneficial owners’: Fowler v Barron [2008] EWCA Civ 377.
Slug : joint-owners-severance-and-the-family-home
Meta Title : Joint owners, severance and the family home
Meta Keywords : family law, joint owners, cohabitation, severance, family home, Beneficial ownership, Presumption of equality, equality, property
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Oct 31, 2016, 04:57 AM
Article ID : 113265
As we all know, the consequence of purchasing the family home in joint names is that this brings into operation a default rule that, unless the contrary is proved, ‘joint tenants in this context are treated as joint legal and beneficial owners’: Fowler v Barron [2008] EWCA Civ 377, [2008] 2 FLR 831, at para [34], per Arden LJ. But if the parties’ beneficial interests fall to be treated as identical to their legal interests (in effect, giving rise to a joint tenancy both at law and in equity), at what point is the joint tenancy in equity severed so as to give rise to a tenancy in common under which the parties have distinct and separate beneficial shares in the property? Moreover, how does the mechanism of severance actually operate so as to give rise to separate and unequal shares?

The answers to these questions may have an important practical consequence if one of the joint tenants dies during the period of co-ownership and (in the absence of any severance by mutual agreement or written notice under s 36(2) of the Law of Property Act 1925) the deceased’s estate claims that there was a fresh and different common intention to share beneficially as tenants in common generating a severance of the joint tenancy which (in turn) brought to an end any right of survivorship in favour of the surviving joint tenant.

The full version of this article appears in the October 2016 issue of Family Law. 

Online subscribers can access the article here

For details on how you can subscribe to Family Law or any other titles, please contact a member of our sales team: Tel 0117 917 5100, or email: editor@jordanpublishing.co.uk
Categories :
  • Articles
Tags :
Family_home
Provider :
Product Bucket :
Related Articles
Load more comments
Comment by from