29 February 2008
Laskar v Laskar [2008] All ER (D) 104 (Feb)
Where the property in question is purchased as an investment, it is not appropriate to apply the presumption of joint ownership—that the beneficial interest mirrors the legal interest, so that joint tenants are entitled to equal proportions of the beneficial interest. This is so even where a familial relationship (here, mother and daughter) exists between the parties.
In this case, it was clear that, despite its familial appearance, the relationship was one between investors, and the presumption of joint ownership therefore did not apply. Accordingly, there was nothing more than a resulting trust, and each party was entitled to the value of her own contribution.
