Whitty v Talia
Court of Appeal
McLeish, Kennedy and Walker JJA
19/10/2023
[2023] VSCA 246
Real property — Co-ownership — Joint tenancy — Severance — Property purchased by husband and wife — Registered as joint tenants — Purchase price funded by loan to husband by siblings — Deed granted power of sale to husband or executor upon default under loan or death — Deed subject to right of first refusal on part of wife — Husband died — Whether objective intention of husband and wife to destroy right of survivorship — Whether joint tenancy severed by course of conduct
Read the judgment here.