Co-ownership:

Cards (15)

  • Co-ownership
    Where two or more persons own property together, either as joint tenants or tenants in common
  • Joint tenancy
    A form of co-ownership where each co-owner has an undivided share in the whole property and the right of survivorship
  • Tenancy in common

    A form of co-ownership where each co-owner has a distinct share in the property and no right of survivorship
  • Right of survivorship
    The right of a joint tenant to inherit the deceased co-owner's share of the property automatically
  • Severance of joint tenancy
    The process by which a joint tenancy is converted into a tenancy in common
  • Unilateral severance
    Severance of a joint tenancy by one co-owner acting alone, often by serving a notice or selling their interest
  • Mutual severance
    Severance of a joint tenancy by agreement between the co-owners
  • Severance by court order
    Severance of a joint tenancy by order of the court, often in the context of relationship breakdown
  • Beneficial interest
    The equitable or economic interest in property, as distinct from the legal title
  • Resulting trust
    A trust implied by law where property is transferred without consideration, and the transferor is presumed to retain the beneficial interest
  • Constructive trust
    A trust imposed by law to prevent unjust enrichment or give effect to the parties' common intention
  • Section 36, Law of Property Act 1925
    A statutory provision allowing the court to order the sale of co-owned property and distribute the proceeds between the co-owners
  • Occupation rent
    Rent payable by a co-owner who has exclusive possession of the property to the other co-owner(s)
  • Improvements
    Work done to the property that increases its value, which may be taken into account when distributing sale proceeds between co-owners
  • Equitable accounting
    The process by which the court determines the financial contributions and benefits of each co-owner in order to achieve a fair distribution of sale proceeds