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Law of Property Act 2000
35Construction of dispositions of property to 2 or more persons
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35 Construction of dispositions of property to 2 or more persons
together
(1) A disposition of the beneficial interest in any property, whether with
or without the legal interest, to or for 2 or more persons together
beneficially is to be construed as made to or for them as tenants in
common not joint tenants.
Law of Property Act 2000 19
(2) Subsection (1) does not apply:
(a) in relation to persons who, by the terms or tenor of the
disposition, are executors, administrators, trustees or
mortgagees;
(b) if the disposition provides that persons are to take as joint
tenants; or
(c) to a disposition for the purposes of a partnership in favour of
the partners (in their capacity as partners).
(3) Subject to the Partnership Act 1997, a disposition for the purposes
of a partnership of an interest in property in favour of the partners
(as partners) is, subject to the appearance of a contrary intention, to
be construed as:
(a) a disposition of the legal interest (if any) to those persons as
joint tenants; and
(b) a disposition of the beneficial interest (if any) to those persons
as tenants in common.
(4) This section only applies to dispositions made after the
(5) In this section, disposition includes a disposition which is wholly or
partly oral.