Joint Tenants and Tenants in Common

Introduction

Whenever two or more people own land together, a **trust of land** arises automatically under the **Trusts of Land and Appointment of Trustees Act 1996 ('TLATA')**. This chapter examines how disputes between co-owners are resolved: who may apply to the court under **s.14 TLATA**, the **four statutory criteria in s.15(1)**, and the distinct **bankruptcy regime under s.335A Insolvency Act 1986**. It then turns to the **common intention constructive trust** — the doctrine from **Lloyds Bank v Rosset**, **Stack v Dowden** and **Jones v Kernott** — which determines the **beneficial ownership shares** of co-owned homes and frequently overlaps with TLATA disputes.

Assessment focus

The SQE1 FLK2 syllabus requires you to solve disagreements between co-owners by reference to **sections 14 and 15 of TLATA 1996**. This is a heavily tested area. You must know **who can apply under s.14**, the **four statutory criteria in s.15(1)**, and the special **bankruptcy regime under s.335A Insolvency Act 1986**. This chapter also covers the **constructive trust doctrine** — the common intention constructive trust from **Stack v Dowden** and **Jones v Kernott** — which determines beneficial ownership shares in co-owned homes and frequently overlaps with TLATA disputes. Questions are single best answer questions set in **realistic client scenarios**; you will be expected to **apply** the statutory criteria and case-law framework rather than simply recall them.

Study tips

1) Memorise **who can apply under s.14**: any **trustee**, any **beneficiary**, a **secured creditor** (s.14(2)), and a **trustee in bankruptcy**. 2) Learn the **four s.15(1) criteria** by heart — **(a) intentions, (b) purposes, (c) welfare of minors, (d) interests of secured creditors** — and remember **no factor has automatic priority**. 3) Spot **bankruptcy** in the facts: it switches the test from s.15 to **s.335A IA 1986**, where after **one year** the court **assumes creditors' interests prevail unless circumstances are exceptional**. 4) Know that **Re Citro** treats the normal hardships of bankruptcy as **NOT exceptional**. 5) For ownership shares, apply the **Stack/Kernott** framework: **joint names → equal shares presumed** (equity follows the law); **sole name → claimant bears the higher burden** of proving any interest at all.