Hong Kong Case Law: Decisions & Judgments

Topic

Joint tenancy and severance

Legal area

Court

17 Apr 2019

WONG KIT CHEE, the Executrix of the estate of TSE LAI YING, the Deceased v. WONG SHIU KWONG

Citation

[2019] HKCFI 1000
Court

Court of First Instance
Case number

HCA2283/2014

On the balance of probabilities the court found the mother added the defendant to the title solely to assist his emigration application and did not intend to confer beneficial ownership; accordingly the defendant held the registered half share on trust for the mother and now for her estate, and the executrix is entitled to a declaration, transfer and nominal damages.
25 Jun 2018

EGO FINANCE LTD v. CHAM KIN MAN

Citation

[2018] HKDC 741
Court

District Court
Case number

DCMP3389/2017

Following Ho Wai Kwan, a charging order against the defendant alone did not sever the joint tenancy; on the death of the co-joint tenant the defendant acquired the whole beneficial interest by survivorship; the Charging Orders, phrased to charge the defendant's interest and with the schedule describing the whole property, cover the defendant's present interest so the plaintiff is entitled to apply for an order for sale of the whole Property; the court grants an order for sale in the exercise of its equitable discretion and will hear parties further on payment period, manner of sale, reserve p…
24 Dec 2015

LAM FUNG CHING ANNIE v. TSE KWOK WING JACKY AND ANOTHER

Citation

LAM FUNG CHING ANNIE v. TSE KWOK WING JACKY AND ANOTHER
Court

District Court
Case number

DCMP1129/2012

The court found on the evidence a common intention at acquisition that the father, Mr Tse and Madam Lam would share beneficial ownership equally; equity follows the legal title in joint names and plaintiff proved one-third beneficial interest; partition was impracticable (single residential flat) and sale under section 6 of the Partition Ordinance was appropriate, with net proceeds to be divided equally subject to mortgage and adjustments specified.
7 Dec 2015

CHEN LILY v. YIP TSUN WAH ALVAN

Citation

CHEN LILY v. YIP TSUN WAH ALVAN
Court

Court of First Instance
Case number

HCA1695/2013

No sufficient evidence of a change in common intention or unusual facts to displace the presumption that beneficial ownership equals legal title; the defendant had made substantial contributions and did not abandon the property; resulting trust was inapplicable; therefore beneficial ownership is 50:50 and the property should be sold with net proceeds divided equally, with the plaintiff entitled to recover $500,000 from the defendant's share and the defendant to be charged with the sale.
13 Aug 2007

NG CHEUNG v. MAN YING MUI

Citation

NG CHEUNG v. MAN YING MUI
Court

District Court
Case number

DCCJ3626/2005

On the balance of probabilities the judge preferred the Defendant’s evidence and found that the Plaintiff had gifted an interest in the Property by making the Defendant a joint owner; consequently the Plaintiff could not validly convert that joint tenancy into a tenancy in common by the Notice of Severance and his claims for repayment were dismissed; the Defendant was entitled to repayment of sums she gave for saving purposes in the amount awarded and to costs as ordered.
14 Apr 2002

CHAN YIN v. CHAN YEE MEI

Citation

CHAN YIN v. CHAN YEE MEI
Court

District Court
Case number

DCCJ8506/2001

On the balance of probabilities the Plaintiff acquired a half beneficial share by agreement in return for surrendering public housing; the Defendant unilaterally let and excluded the Plaintiff from the Flat from 1 April 1995 until June 2001 and is liable to account and pay the Plaintiff compensation equivalent to his proportionate share of net rents (after agreed renovation credit); the conversion claim failed for want of proof; the Defendant's counterclaims fail and the severance notice was validly served and registered.
8 Dec 1993

HO NGA SHEUNG V. MA FOOK LEUNG

Citation

HO NGA SHEUNG V. MA FOOK LEUNG
Court

Court of First Instance
Case number

HCMP2737/1993

Where a husband acquires a matrimonial home and directs the assignment to himself and his wife 'as joint tenants', the court will presume an advancement to the wife resulting in equal beneficial ownership unless the husband adduces sufficient evidence to rebut that presumption; the husband failed to rebut it here, so the legal and beneficial interests vested in both as joint tenants and were severed by the proceedings resulting in equal tenants in common shares.

Hong Kong Case Law

WONG KIT CHEE, the Executrix of the estate of TSE LAI YING, the Deceased v. WONG SHIU KWONG

EGO FINANCE LTD v. CHAM KIN MAN

LAM FUNG CHING ANNIE v. TSE KWOK WING JACKY AND ANOTHER

CHEN LILY v. YIP TSUN WAH ALVAN

NG CHEUNG v. MAN YING MUI

CHAN YIN v. CHAN YEE MEI

HO NGA SHEUNG V. MA FOOK LEUNG