Patterson, Vernal Ernest v Nelson Patterson, Millicent Ann

Case Number: 
2013HCV00188
Neutral Citation: 
[2019] JMSC Civ 10
Date of Delivery: 
06.02.2019

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.