35Construction of dispositions of property to 2 or more persons

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.