Co-ownership - Severance of an Equitable Joint Tenancy - The effect of severance

4 important questions on Co-ownership - Severance of an Equitable Joint Tenancy - The effect of severance

What happens to the joint tenancy when 1 of the 2 joint tenants decide to sever?

Where there are only 2 joint tenants, the joint tenancy will be converted into a tenancy in common where each joint tenant gets one-half of the equitable interest as tenants in common. The severing joint tenant acquires shares in proportion to the number of alive joint tenants irrespective of unequal contributions to the purchase price.

What happens to the joint tenancy where there are more than 2 co-owners?

Where there are more than 2 joint tenants, the severing joint tenant becomes a tenant in common and the non-severing parties remain as joint tenants.

How do co-owners record the severed joint tenancy in unregistered land?

A note of the severance should be placed on the conveyance. The absence of a notice of severance does not impact the validity of the severance.
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How do co-owners record the severed joint tenancy in registered land?

A restriction of the severed joint tenancy should be placed on the register.

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