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To determine how the proceeds of sale of the property should be divided, it is essential to look at the law on co-ownership in particular, joint tenancy and tenancy in common.
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Q.2 To determine how the proceeds of sale of the property should be divided, it is essential to look at the law on co-ownership in particular, joint tenancy and tenancy in common. From the information given, we are told that Arnie, Bruiser, Carmen and Dominique all contributed equally to the purchase price and the house is transferred into their joint names. This shows that it is a joint tenancy as the four unities are present1, which are the unity of possession where each tenant is entitled to possession of the whole as the others2, unity of interest which makes all the joint tenants have the same type and quantum of interest in land, unity of time where the interest of joint tenant must vest at the same time and lastly, unity of title in which each tenant must acquire their title in the same way, usually by taking under the same conveyance....
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