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Execution Against Co-Owned Property

Co-ownership of land is common in Singapore. The context ranges from family situations to partnerships in commercial settings. While the tenancy in common gives to each tenant in common an undivided share in the property, the joint tenancy involves each joint tenant owning the whole. There are no shares in a joint tenancy. But in both forms of co-ownership there is unity of possession. On the death of a joint tenant the survivor becomes the sole owner if there were only two joint tenants in the first place. Co-ownership in the form of a tenancy in common, with the co-owners holding in undivided shares, is clearly more equitable in commercial settings, as the undivided share of the deceased tenant in common forms part of his estate. On the other hand, the right of survivorship makes the joint tenancy a convenient form of co-ownership in the context of trustees and in family settings.