Clark v Chandler: CA 28 Jun 2002

The respondent had purchased a property in her sole name, but held the property with her husband. On a breakdown of the marriage, he signed a transfer of the property but the consideration was not settled. After his death, it was argued that the document was ineffective under the 1989 Act because it had not been signed by both parties.
Held: The property was actually held under a joint tenancy. The failure to settle the consideration was enough to defeat its interpretation even as a conditional disposition. Accordingly the joint tenancy had not been severed, and the widow took the entire property by survivorship.


Lords Justice Thorpe and Chadwick and Mr Justice Wall


Gazette 11-Jul-2002


Law of Property (Miscellaneous Provisions) Act 1989 2, Law of Property Act 1925 53(1)(c)


England and Wales

Land, Contract, Equity, Wills and Probate

Updated: 08 May 2022; Ref: scu.174322