24 January 2015
If a husband owns a property as a joint tenant with his brother and he separates from his wife, will the joint tenancy be affected? What happens to the joint tenancy between the brothers?
The husband's share of the equity is an asset of the marriage and will be included in the pool to be adjusted between the husband and the wife. The husband should disclose 50% of the value of the property as an asset and 50% of any loan secured over the property as a liability. The orders sought by each party will need to have regard to the fact that the property cannot be sold without the brother's cooperation.
If an appropriate property settlement cannot be achieved without the property being sold, the brother will need to be joined to the proceedings so that she will be bound by an order for sale.
Neither the separation nor the property proceedings sever the joint tenancy.
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