header-logo header-logo

Splitting up

23 March 2012 / David Burrows
Issue: 7506 / Categories: Features , Divorce , Family , Property
printer mail-detail
hires_2_4

David Burrows notes the complexities that surround the severance of joint tenancy

Two recent cases have illustrated the complexities of English property law where land is held jointly by co-owners (whether married or unmarried). Legal title is always held jointly; and the survivor will own the whole title. The beneficial interests can be severed so that the owners will generally have a half share each in the beneficial ownership of the property and in the proceeds of sale. On the death of one, the survivor holds the legal title alone. The severed beneficial interest vests in the dead owner’s estate: the survivor holds it in trust for the estate.

Title will normally be severed by written notice of severance (Law of Property Act 1925 (LPA 1925), s 36(2)); but Elements of Land Law by Gray and Gray, fifth edition (2009) (Gray) identifies six other methods of severance (in an area of law described by Gray as of “unnecessary complexity”: para 7.4.68). Those of immediate concern to the family lawyer will be: severance

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll