Involuntary alienation: Bankruptcy automatically has the effect of transferring the bankrupt’s assets to the trustee in bankruptcy, thus severing any joint tenancy.
[ case ]A husband and wife were co-owners of the matrimonial home. The wife had in effect paid for the house, but the transfer of the land contained a declaration, the effect of which was that they were to hold as joint tenants beneficially. Even though this declaration had not been signed by the husband and wife, the courts held that they were joint tenants beneficially and that upon the bankruptcy of the husband, the trustee was entitled to one half of the value of the house.
Answer
Re Gorman [1990] 1 WLR 616
Tags
#co-ownership #land #law
Question
Involuntary alienation: Bankruptcy automatically has the effect of transferring the bankrupt’s assets to the trustee in bankruptcy, thus severing any joint tenancy.
[ case ]A husband and wife were co-owners of the matrimonial home. The wife had in effect paid for the house, but the transfer of the land contained a declaration, the effect of which was that they were to hold as joint tenants beneficially. Even though this declaration had not been signed by the husband and wife, the courts held that they were joint tenants beneficially and that upon the bankruptcy of the husband, the trustee was entitled to one half of the value of the house.
Answer
?
Tags
#co-ownership #land #law
Question
Involuntary alienation: Bankruptcy automatically has the effect of transferring the bankrupt’s assets to the trustee in bankruptcy, thus severing any joint tenancy.
[ case ]A husband and wife were co-owners of the matrimonial home. The wife had in effect paid for the house, but the transfer of the land contained a declaration, the effect of which was that they were to hold as joint tenants beneficially. Even though this declaration had not been signed by the husband and wife, the courts held that they were joint tenants beneficially and that upon the bankruptcy of the husband, the trustee was entitled to one half of the value of the house.
Answer
Re Gorman [1990] 1 WLR 616
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Open it Involuntary alienation: Bankruptcy automatically has the effect of transferring the bankrupt’s assets to the trustee in bankruptcy, thus severing any joint tenancy.
Re Gorman [1990] 1 WLR 616 A husband and wife were co-owners of the matrimonial home. The wife had in effect paid for the house, but the transfer of the land contained a declaration, the effect of which was that t
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