Secret Trust Severed Joint Tenancy
July 29, 2020 No Comments
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
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Joint Tenancy Severed by Joint Bank Account Withdrawal
May 25, 2020 No Comments
In Zelligs v Janes 2016 BCCA 280 the appeal court upheld the decision of the trial judge who found that a joint tenancy bank account
The Nature of a Joint Tenancy
August 23, 2019 No Comments
The nature of a joint tenancy includes the right of survivorship, which is it’s principal distinguishing characteristic. In Zeligs v Janes 2016 BCCA 280 the
Joint Tenancy: Severance Through Conduct
May 6, 2019 No Comments
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
Joint Tenancy vs. Tenancy in Common
May 3, 2019 No Comments
Zeligs v James 2016 BCCA 280 describes the nature of and differences between a joint tenancy and a tenancy in common. In my experience, the
Intention of Transferor Determined at Time of Transfer
March 10, 2019 No Comments
In Gully v Gully 2018 BCSC 1590 the court rejected a claim by a mother who transferred her property into joint tenancy with her son
Occupational Rent – Competing Damages Between Co-Owners
June 16, 2017 No Comments
Ajayi v Oziegbe 2017 ONSC 2732 discussed the concept of occupational rent where one co owner occupies a jointly owned property to the exclusion of
Property Partition and Sale Ordered for Joint Tenants
June 14, 2017 No Comments
Bindley Estate v Quartermaine Holding Ltd. 2017 BCSC 672 ordered partition and sale of a property %50 owned by two parties where one party wished
Partition of Property Orders in Joint Tenancy Agreements
June 8, 2017 No Comments
Whether property be owned as tenants in common, or as joint tenants, if the parties cannot agree on the sale of the property, the BC
Intention to Gift: The Legal Requirements
June 5, 2017 No Comments
A gift requires three elements to be legally effected, namely an intention to donate, an acceptance of the gift, and delivery of the gift. All