In [ case ], the Court of Appeal was required to consider whether severance had occurred during the course of numerous correspondence exchanged between the parties’ solicitors (who had been instructed once the couple’s marriage had broken down). Lord Neuberger accepted the view that a mere agreement to put a jointly owned property on the market, or indeed a subsequent joint acceptance of a ‘subject to contract’ offer on that property, could not, by itself, sever the joint tenancy. Such action alone would not be inconsistent with a joint tenancy continuing and applying to the sale proceeds. However, in this particular case the parties had gone further by, for example: indicating that when the house was sold, the sale proceeds would be divided; by both parties benefiting from seeking legal advice; by discussions between them which recognised that when various joint assets had been sold, the proceeds would be divided in a balanced way.
Answer
Davis and another v Smith [2011] EWCA Civ 1603
Tags
#co-ownership #land #law
Question
In [ case ], the Court of Appeal was required to consider whether severance had occurred during the course of numerous correspondence exchanged between the parties’ solicitors (who had been instructed once the couple’s marriage had broken down). Lord Neuberger accepted the view that a mere agreement to put a jointly owned property on the market, or indeed a subsequent joint acceptance of a ‘subject to contract’ offer on that property, could not, by itself, sever the joint tenancy. Such action alone would not be inconsistent with a joint tenancy continuing and applying to the sale proceeds. However, in this particular case the parties had gone further by, for example: indicating that when the house was sold, the sale proceeds would be divided; by both parties benefiting from seeking legal advice; by discussions between them which recognised that when various joint assets had been sold, the proceeds would be divided in a balanced way.
Answer
?
Tags
#co-ownership #land #law
Question
In [ case ], the Court of Appeal was required to consider whether severance had occurred during the course of numerous correspondence exchanged between the parties’ solicitors (who had been instructed once the couple’s marriage had broken down). Lord Neuberger accepted the view that a mere agreement to put a jointly owned property on the market, or indeed a subsequent joint acceptance of a ‘subject to contract’ offer on that property, could not, by itself, sever the joint tenancy. Such action alone would not be inconsistent with a joint tenancy continuing and applying to the sale proceeds. However, in this particular case the parties had gone further by, for example: indicating that when the house was sold, the sale proceeds would be divided; by both parties benefiting from seeking legal advice; by discussions between them which recognised that when various joint assets had been sold, the proceeds would be divided in a balanced way.
Answer
Davis and another v Smith [2011] EWCA Civ 1603
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Open it In Davis and another v Smith [2011] EWCA Civ 1603, the Court of Appeal was required to consider whether severance had occurred during the course of numerous correspondence exchanged between the parties’ solicitors (who had been instr
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