Mark Pawlowski looks at how a beneficial joint tenancy can be severed after the parties purchase their family home in joint names Where the parties’ common intention manifests a clear desire to deviate from equality of shares, there is no reason, at least in principle, why severance should not operate so as to separate the …
Continue reading "Property: Changing intentions"
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Wills & Trusts Law Reports | Web OnlyA house was purchased in the joint names of the defendant and his son, the claimant. At least part of the reason for the claimant’s inclusion was that it allowed the defendant to benefit from a mortgage needed to finance the purchase. The TR1 bore an ‘X’ in Box 11 which appeared next to the words ‘the transferees are to hold the property on trust for themselves as tenants in common in equal shares’. The claimant sought a declaration that the property was held as described by Box 11 and an order for sale. The defendant maintained in a number of witness statements that the ticking of Box 1...
Lehna Gardiner and Greg Williams consider equitable accounting and in particular the circumstances in which an occupation rent may be payable and how it will be calculated ‘Where one party is excluded from the enjoyment of the property, it is likely that a claim to an occupation rent will arise in principle.’ Socrates is reputed …
Continue reading "TOLATA 1996: Making allowances"
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