Goodman v Gallant [1986] 1 All ER 311

Written By Nicolas Heyes

Court: Court of Appeal

Basic Facts: This case dealt with the quantification of beneficial interests in property under a joint tenancy when one party sought to sever the joint tenancy.

  • Parties: W (Co-owner), D (Partner).

  • Context: W and D owned a house together. W, who initially owned half, acquired the remaining half from her former husband. After D left, W sought to divide the property disproportionately.

Issue for the Court: What do you receive from severance?

Held: The court confirmed that where property is held as joint tenants, each party's interest is equal unless there is clear evidence to the contrary.

 Slade LJ

  • Severance: The legal estate is held on trust for sale and must follow equitable principles. An express trust or agreement can dictate shares; otherwise, severance affects beneficial ownership.

Nicolas Heyes
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