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Fat Boy: Court Cases

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Prince, Madonna and Slim are the legal owners of an estate in land and holding in trust for themselves and Fat Boy. As they all have an equitable interest. Fat Boy cannot be a legal owner as he is under 18. The joint tenancy can never be severed at law , but it may be possible to sever it in equity, allowing Fat Boy to sell his interest in the property by applying to the court because the court has the power either to make an order determining the parties’ respective shares, or to make an order for sale under s 14 TLATA 1996. In exercising its powers, the court will take into consideration various factors including: the intentions of the co-owners; the purposes for which the co-owned property is held; and the welfare of any minors who occupy

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