||All England Reporter
|| All ER (D) 231 (Jan)
||Court of Appeal, Civil Division
Aldous and Robert Walker LJJ
||Christopher Vane (instructed by Hay & Kilner, Newcastle upon Tyne) for the claimant.
||The defendant appeared in person.
||25 January 2002
Mortgage - Payment - Contribution by joint tenant - Claimant joint tenant claiming for contribution against deceased joint tenant's estate - Claim for contribution to past and future mortgage payments - Whether claimant entitled to contribution to past and future mortgage payments.
Where the only evidence other than the claimant's own on the issue of whether he had paid in full the mortgage payments he shared with R pointed in the opposite direction, the claimant was not entitled to a contribution from R's estates towards such payments as he had not discharged the burden of proof upon him. Further, where the entire beneficial interest in the property had now passed to the claimant he was not entitled to any future contribution in respect of the mortgage payments.
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