Chapter 8 Scenario questions

. Bruno, Qing, and Sesay are the owners of a house in Romford. They have recently all fallen out, and wish to clarify their ownership positions in relation to the house. Qing is sure they all have a joint tenancy in Equity, and has confirmed they can all go into every part of the house and they purchased the house as freehold. However, it transpires that Bruno purchased his interest from a previous owner called Cynthia, and Sesay only purchased his interest last month – 3 years after the original purchase of the property. How will the house be owned beneficially?

. Susan and Karl purchased their family home together in 2010, and they agreed they would each own an undivided share of the property. However, in 2017, after Susan admitted to an affair, Karl moved out of the property. Needing to raise some money buy a home for himself, he took out a mortgage over the property, equating to 50% of its value. Tragically, Karl died 3 weeks ago, and left no will. Will Susan receive Karl's interest in the house under the right of survivorship?

. Jack and Herbert purchased a cottage in Shropshire a few years ago in order to turn it into a hotel. They also purchased a flat in Warwick last year with the intention that it become their family home. The flat was purchased with unequal contributions – Jack paid 73% of the purchase price. Last month it transpired that Herbert had been having an affair, and the couple have begun the process of dividing their assets. How will the flat and cottage be owned beneficially?

. Juan and Khamla bought house together in 2004 as joint tenants. However, after their last child left home 3 years ago, their relationship has deteriorated, and Juan left the home. As they were not married, they were in a stalemate about what to do about the house. Juan, however, needed money as he was made unemployed, and so wrote to Khamla stating that he wished to sever the joint tenancy to allow him to mortgage his share of the house. The unregistered letter containing this notice, however, was never delivered as a dog ran off with it when the postman was two doors away from the house. Thinking he had effectively severed, Juan then granted a mortgage to his local bank. Will Juan have severed the joint tenancy.

. Keir and Ian have been cohabiting for the last 35 years, and bought a house together as joint tenants 20 years ago. However, after having a religious epiphany 2 years ago, Ian has decided that he must devote himself to his new religious life. Keir was understanding of this, and willing to help Ian in his transition to this new life. They had some discussions about what to do with the house, and Ian made it clear that he wanted to leave his share of the house to his new religious institution – something Keir has no issue with. They have not, however, agreed as to what shares they will each have as Keir contributed more to the property. What method of severance has been used here by Keir and Ian?

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