Legal implications of joint tenancy and tenancy in common in Singapore

Q. Advise George as to whether he will be evicted.
JOINT TENANCY:
“ Joint tenancy is a form of co-ownership of property which has no specified shares and where
each co-owner together owns the entire interest in the property. The right of survivorship is the
cornerstone of joint tenancy as when one joint tenant dies, the surviving joint tenant takes the
entire interest in the property. A joint tenancy can be created by statute or by the conveyance of
land to two or more people without specifying that they hold the property in separate shares. For
registered land, s 53(1) of the Land Titles Act (Cap 157, 2004 Rev Ed) (‘the LTA’) includes a
presumption that co-tenants are joint tenants, unless it is specified otherwise. Under s 53(3) of
the LTA, a joint tenancy can also be created by an instrument of declaration by co-owners of a
property. A joint tenancy, however, is not protected from being divided into specified shares and
this article will discuss how this severance can be done. ” (2016, Singapore - Joint Tenancy)
“ However, as per Williams v Hensmann (1861) 1 John & H 546, 70 ER 862.
2), when a severance depends on an inference of this kind without any express act of severance,
it is insufficient to rely on an intention with respect to a particular share declared without the
knowledge of the other interested persons. Rather, there must be a course of dealing by which the
shares of all the parties involved have been affected. ”
Where there is no expressed transfer of rights, as there is none by Rose to George, the later has
no right on the property concerned.
“ The Right of Survivorship, classically known as the Ius Accrescendi, basically means that if
any party to the joint tenancy dies, he 'drops out of the picture', meaning that the Joint Tenancy
carries on without him as if nothing has changed. Title to the estate is not considered to have
changed hands even if the Joint Tenancy is only left with 1 party. It can be seen as sort of 'winner
takes all' gamble, where the person who lives longest wins the entire estate. In, Shafeeg bin Salim
Talib v Fatimah bte Abud bin Talib ([2010] 2 SLR 1123 (SGCA) - Court in a Probate matter held
that when a person died, his interest within a joint tenancy 'evaporates' and does not constitute
part of the person's estate and the surviving parties in the Joint Tenancy may dispose of the
property as they wished. ” (n.d., Joint Tenancy)
The legal principle and the case make it evident that after the death of Rose, Paul has the full
ownership of the property. So, he also has right to evict George. But, George can claim his
money back that Paul had used to build the extension in that property and to redeem a part of the
mortgage.

“ In a joint tenancy, co-owners are individually wholly entitled to the whole of the property.
Strange as it sounds, it means that, for instance, the husband owns 100% and the wife also owns
100%. It also means that, both co-owners possess a right of survivorship. Upon the death of one
party, the surviving co-owner inherits the whole of the property. Things get complicated if co-
owners provide unequal contribution to the purchase price of the property. But the rights remain
same on the basis of survivorship. ” (2012, Joint ownership in Singapore and unequal
contributions to purchase price)
“Under the LTA, a mortgage over registered land no longer entails a transfer of title. It is merely
a charge over the property. The question then is whether a mortgage results in the severance of a
joint tenancy since the title is still with the owner of the property. While the position is not
definitive, academics have argued that a charge, even if it does not amount to alienation, is an act
operating on the joint tenant’s own share and as such, a mortgage of registered land must also
affect a severance.”
Though Paul had used George’s money to redeem a part of the house’s mortgage debt it does not
entitle George to be an owner of any part of that house, neither does it give him any right to live
there. After Rose died, Paul becomes the sole owner of the house and hence can evict George.
But George can surely sue Paul and claim his money back along with compensation.
The money Paul had taken from George could be considered as a debt and be recovered. If he
owes more than $10,000 then he can claim the money back in the following ways:
“ You will need to file a civil claim with the courts. This follows the normal civil litigation
process. Although you can represent yourself, it is advisable to get a lawyer. A lawyer will
usually profile your debtor to determine your chances of getting your money back and the best
strategy of doing so. He should also advise on the economic viability of proceeding with the
cases. Before filing the claim, the lawyer will usually first send a letter of demand. A letter of
demand should not be expensive, but at the same time it may not be enough to compel the other
side to pay up. The cost of proceeding further with a writ depends on the complexity of your
case, and what the other side does in defence. ” (2019, Debt Recovery in Singapore)

If Rose had a will referring George as her beneficiary after her death, then George could have a
right over the property.
“ If you pass away without making a Will, your assets will be distributed according to the rules
of intestacy as laid down in the Intestate Succession Act. Your lawyer can advise you about these
rules and how they apply to you. If you die without making a Will, your estate may be
distributed to persons to whom you do not intend to give anything. Also, if you pass away
without making a Will, you cannot choose the people who will look after your estate.
Administrators, rather than executors, will look after your estate, although they have the same
responsibilities. Administrators have to apply to Court for ‘Letters of Administration’ instead of
the Grant of Probate and the procedure is generally more complicated. For example, the
administrators will have to provide two guarantors unless they get approval from the Court.”
(n.d., WILLS, INTESTACY, PROBATE & ADMINISTRATION)