Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Joint tenancy vs beneficial ownership
  • 8 May 2017

    RE CHENG KIN CHING

    Citation
    RE CHENG KIN CHING
    Court
    Court of First Instance
    Case number
    HCB47/2009

    The court found on the balance of probabilities that despite the Respondent making mortgage payments the parties intended joint beneficial ownership; the bankrupt’s interest had vested in the trustees and the joint tenancy was severed, and after balancing the Respondent's personal circumstances against the creditors' interests the court ordered sale and equal division of net proceeds, as sale would not cause very great hardship outweighing creditors' rights.