Co-ownership - Severance of an Equitable Joint Tenancy & whether it is possible to sever a JT of the legal estate?

9 important questions on Co-ownership - Severance of an Equitable Joint Tenancy & whether it is possible to sever a JT of the legal estate?

Can the co-owners of an equitable JT convert the JT into a Tic?

The co-owners can convert the JT into a Tic through severance.

When severance occurs, what shares will the new Tic receive? Will contribution to the purchase price impact impact their share amount?

The Tic will hold equal shares, irrespective of initial contributions to the purchase price. For example, if both JT severs land, each will obtain 1/2 shares (no JT is 1 out of 2 JT severs as there will be no one to continue the JT with, so both become Tic) and if 3 JT sever, each will receive 1/3.

Explain what happens when only 1 out 3 JTs wishes to sever, and what happens to the shares in the land?

ONLY the severing party's shares will be affected under a Tic and the remaining JTs will remain as JTs, i.e, hold remaining shares of property between them.
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Can severance occur when the joint tenant is dead and is it possible to sever via a will?

Severance can only be achieved when the joint tenant is alive. Therefore, severance cannot be achieved via a will.

What are the three main ways a joint tenant can dispose of his share and what are the relevant formalities (s53(1)(c) LPA 1925)?

The joint tenant can sell, give or mortgages their equitable interest to a 3rd party but it must be in signed writing (s53(1)(c) LPA 1925)?

What is an example of involuntary alienation (involuntary loss of property)?

Bankruptcy automatically severs the joint tenant's equitable interest as a result of involuntary alienation.

How can we infer an intention to sever the JT by mutual agreement (Burgess v Rawnsley)?

In (Burgess v Rawnsley) severance is shown through express mutual agreement to sever the JT. The agreement does not need to be binding as only a common intention to sever is sufficient. Therefore, inconclusive negotiations may be sufficient.

How can we infer an intention to sever the JT by course of dealings?

Severance can be implied by the parties conduct (e.g. parties got their separate ways/move away)

Can one joint tenant who kills another joint tenant benefit from the severance of the joint tenancy?

When a JT is murdered by another JT, the JT will be severed to prevent the murderer from benefitting from their crime, i.e, the right of survivorship (Re K

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