Severance of Joint Tenancy

Partnership Severed Joint Tenancy

In Garland v Newhouse 2021 BCSC1291 a partnership between non-spouses of a jointly owned property was held to sever the joint tenancy when one of the partners died. The parties

Severance of Joint Tenancy- Unilateral Action

A joint tenant may sever a joint tenancy with or without the consent or knowledge of the other joint tenant, by a unilateral action, such as a transfer from him
Spousal Separation Severs Joint Tenancy

Spousal Separation Severs Joint Tenancy

The estate of Eleanor Maureen Cook 2019 BCSC 417 confirmed that pursuant to S. 81 Family Law act a joint tenancy asset owned by spouses is severed into a tenancy
Secret Trust Severed Joint Tenancy

Secret Trust Severed Joint Tenancy

Bergler v Odenthal 2020 BCCA 175 found that a secret trust would have severed the joint tenancy between a husband and wife, when the husband instructed his wife surviving to
Trusts Sever a Joint Tenancy

Trusts Sever a Joint Tenancy

The BC Court of Appeal in Bergler v Odenthal 2020 BCCA 175 confirmed that both a declaration of trust and a secret trust would have the effect of severing a
Severance of Joint Account by Conduct

Severance of Joint Account by Conduct

In  Zeligs v Janes 2016 BCCA 280 the BC Court of Appeal upheld a trial decision finding that a joint bank account was severed when one of the joint tenants
Was Joint Tenancy Severed?

Was Joint Tenancy Severed?

A joint tenant may sever a joint tenancy with or without the consent or knowledge of the other joint tenant. Many joint owners are shocked to learn that this has
Joint Tenancy: Severance Through Conduct

Joint Tenancy: Severance Through Conduct

A joint tenant may sever a joint tenancy with or without the consent or knowledge of the other joint tenant. Many joint owners are shocked to learn that this has
Joint Tenancy Severed By Conduct

Joint Tenancy Severed By Conduct

Lescano v Unlu 2016 BCSC 1535 is a case exemplifying how conduct of joint tenants that is inconsistent with joint tenancy can have the legal effect of severing the joint