The Family Law Act (FLA) plays a pivotal role in shaping the dynamics of property rights, specifically in the context of joint tenancies in matrimonial homes. This is especially true when a spouse shares ownership with a third party. This blog post aims to dissect and understand the implications of Section 26(1) and s. 26(2) of the FLA on these arrangements.

Severing a joint tenancy is a legal process that changes the property from a joint tenancy arrangement to a tenancy in common. This process is particularly relevant in a matrimonial context, where a change in the relationship status may necessitate a change in the property ownership structure. The following blog post will examine the reasons for severing a joint tenancy, the considerations to be made before taking this step and the methods to effect the severance.