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