Source: All England Reporter
Publisher Citation: [2002] All ER (D) 231 (Jan)
Court: Court of Appeal, Civil Division
Judge:

Aldous and Robert Walker LJJ

Representation Christopher Vane (instructed by Hay & Kilner, Newcastle upon Tyne) for the claimant.
  The defendant appeared in person.
Judgment Dates: 25 January 2002

Catchwords

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.

The Case

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.

Practice Areas

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