Legal advice: Joint Tenancy - Tenancy in Common & Law Firm

LAW202 Property Law

Answered

Task:

Marking to be based on 100 marks according to the rubric Word Limit: 2000 words

Citation Format: APA

References: Students are required to consult and fully reference a Minimum of 10 different sources of information Assignment question

a. Calvin and Stella have been married for three years and now, they would like to buy a house to stay in.

However, they are wondering whether to buy the house based on joint tenancy or tenancy in common. Also, they are looking to engage a law firm to act for them in the purchase of the house.

They have identified two law firms.

One is better known for litigation work while the other law firm is better known for conveyancing work but their legal fees are 20% higher than the law firm better known for litigation.

Advise Calvin and Stella on the following:

(i) Whether they should buy the house based on joint tenancy or tenancy in common.

(ii) Which law firm should they engage to act for them in the purchase of the house.

b. Jack lives with his wife, Janet in a house. It was registered in both their names on a joint tenancy basis. Jack became critically ill and eventually died. Janet remarried Jason.

Janet told Jason that the house was as much his as it was hers and that he did not have to worry about the future. Jason was a stay home husband, did most of the household chores and took care of minor repair works in Janet’s absence.

Janet then met with an unfortunate accident and died. In her will, it transpired that the sole beneficiary of the house was her sister, Mary.

Advise Jason on the following

(i) Whether Jason has any legal interest in the house.

(ii) Whether Jason has an equitable interest in the house based on resulting trust.

(iii) Whether Jason has an equitable interest in the house based on constructive trust.

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