Jones v Kernott [2011]

Facts

  • A husband and wife separated and the wife remained living in their house (owned as joint tenants) for 15 years, paying the mortgage and house’s outgoings

Issue

  • Had the joint tenancy been severed, and if so, what proportion of the value was the wife buy xanax with credit card entitled to?

Decision

  • Severance, wife entitled to 90%

Reasoning

  • Separation constituted a course of dealings effecting severance under the Williams v Hensman (1861) Catalogue, interpreting s 36(2) of the Law of Property Act 1925
RELATED CASE  First Middlesbrough Trading and Mortgage Co v Cunningham [1973]

Posted in Land Law Revision Notes.

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