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Patterson, Vernal Ernest v Millicent Ann Nelson Patterson

Court: 
Supreme Court
Catchwords: 

Presumption that joint equitable ownership flows from joint legal ownership-Rebuttal of presumption a heavy burden but can be displaced by showing a different common intention-Common intention to be deduced objectively from parties words and conduct-The court should consider what is fair having regard to the whole course of dealing between the parties in instances where the intended shares are uncertain-Factors to consider in determining common intention include financial contribution and the purpose for which the property was acquired-Occupation rent-Central consideration is for the entitlements and responsibilities of the parties to be fairly balanced-First option to purchase family home given to spouse in possession-Preservation of the status quo-First option to purchase investment property given to other spouse-Common intention to acquire and share motor vehicle jointly.

Document Type:

Year: 
2019
Suit/Claim number: 
2013HCV00188
Neutral Citation: 
[2019] JMSC Civ 10