Co-Ownership

Question 1

Carr-Glynn v Frearsons

Answer 1

Cannot leave “share” in will when property held as beneficial joint tenants.

Question 2

Hickman v Peacey

Answer 2

Bomb fell on Chelsea, order of death not ascertainable, Comorientes, assumes younger person survives longer.

Question 3

Re Crippen

Answer 3

If one joint tenant kills another, survivorship does not apply.

Question 4

Goodman v Gallant

Answer 4

Property was owned by couple as joint tenants. When couple split, was conveyed to wife and her boyfriend. She claimed to hold 75% of the share, as husband transferred his half of the property to her (50%) and she transferred half of her preexisting share (25%) to her boyfriend. Held that there was a declaration of trust which was conclusive, property held 50/50.

Question 5

Huntingford v Hobbs

Answer 5

Pre-1997 Land Registration forms weren’t declaration of trust.

Question 6

Stack v Dowden

Answer 6

Presumption that beneficial entitlement follows legal entitlement - equity follows the law. Where there is no express declaration wide range of factors can be considered, purpose of acquisition, nature of relationship etc. In this case split 65-35 due to bill payments and other things.

Question 7

Pettitt v Pettitt

Answer 7

Lord Diplock was willing to impute a common intention as to proprietary ownership, considering the agreement that would have been reached by the parties had they put their minds to it when the property was acquired.

Question 8

Lloyds Bank v Rosset

Answer 8

Narrowed and restricted constructive trusts, may be established either by (1) monetary contributions, or (2) where an express oral agreement is reached.

Question 9

Jones v Kernott

Answer 9

Couple owned bungalow together. Split up, man used money from insurance policy to buy a house. Held that the property was owned 90-10 under a constructive trust, trust must have arisen at moment of seperation. Oral agreement altered the original trust.

Question 10

Re Dennis

Answer 10

Severance operated at date of bankruptcy. Under Insolvency Act 1986 the court must make a severance order.

Question 11

Re Palmer

Answer 11

Solicitor’s estate became insolvent after his death, beneficial joint tenancy of house was only severed when court made order.

Question 12

Burgess v Rawnsley

Answer 12

Man intended to marry woman, had property conveyed into their joint names, she rejected proposal. She was to move out and sell her share, they reached an oral agreement on this, but he died before it was carried out. Held that there was a course of conduct equaling a written contract so there was severance before his death.

Question 13

Nielson-Jones v Fedden

Answer 13

Oral indication to sever as well as memo stating that H was to sell the matrimonial home and use proceeds to buy himself home. Held that this was not severance, no written notice.

Question 14

Re Draper’s Conveyance

Answer 14

Application for sale under s17 Married Woman’s Property Act, held that this severed under s36 LPA.

Question 15

Harris v Goddard

Answer 15

Divorce petition asked court to “make such property adjustment order as may be just”, held not to be severance, no desire expressed for immediate severance.

Question 16

Kinch v Bullard

Answer 16

Terminally ill woman sent notice of severance to husband, he had heart attack, she tore up notice before he saw it. He died a few months before her. Notice was served when it was delivered, physical destruction made no difference.