Q&As

Where the beneficial interest in a property was formerly held as joint tenants, but has now been severed and the property is held under a tenancy in common on application for an order under section 14 of TOLATA for the sale of the property, should an application also be made for a declaration as to the beneficial ownership of the property?

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Published on LexisPSL on 02/02/2016

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • Where the beneficial interest in a property was formerly held as joint tenants, but has now been severed and the property is held under a tenancy in common on application for an order under section 14 of TOLATA for the sale of the property, should an application also be made for a declaration as to the beneficial ownership of the property?

Where the beneficial interest in a property was formerly held as joint tenants, but has now been severed and the property is held under a tenancy in common on application for an order under section 14 of TOLATA for the sale of the property, should an application also be made for a declaration as to the beneficial ownership of the property?

This will likely depend on the circumstances. Severance is the process by which a joint tenancy is converted into a tenancy in common. It is a matter of evidence whether severance has occurred. The effect of severance is to divide beneficial ownership of the property into shares. Unless there is an agreement to the contrary, severed shares are presumed to be equal, irrespective of

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