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Joint owners, severance and the family home

Joint owners, severance and the family home

Pawlowski, Mark ORCID: 0000-0002-5473-5809 (2016) Joint owners, severance and the family home. Family Law, 46. pp. 1238-1241. ISSN 0014-7281

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Abstract

This article examines the question of when and how severance of a joint tenancy of a property purchased in the joint names of a couple as their family home occurs, so as to create a tenancy in common and bring to an and the right of survivorship. The article doubts that the presumption of equality has the effect of creating a tenancy in common at the point of acquisition or that a court's declaration as to the parties beneficial interest amount to severance, suggesting instead that it only occurs as a result of post-acquisition actions or words of the parties. The article also considers whether severance automatically leads to unequal shares without triggering s.53(1)(c) of the Law of Property Act 1925.

Item Type: Article
Uncontrolled Keywords: Co-owners; family home; joint tenancy; survivorship; severance; unequal shares; tenancy in common; formality
Subjects: K Law > KD England and Wales
Faculty / Department / Research Group: Faculty of Architecture, Computing & Humanities
Faculty of Architecture, Computing & Humanities > Department of Law
Last Modified: 08 Feb 2018 17:32
Selected for GREAT 2016: None
Selected for GREAT 2017: None
Selected for GREAT 2018: None
Selected for GREAT 2019: None
URI: http://gala.gre.ac.uk/id/eprint/15874

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