RES exam question on Land Law: Ben and Clara own a condominium unit as tenants in common in equal shares
Ben and Clara own a condominium unit as tenants in common in equal shares. Their relationship has ended; Ben wants to sell, and Clara refuses. The unit is worth about $1.5 million, and $400,000 is still owed on their joint mortgage. Which of the following statements is/are correct? (i) Ben has an absolute right to an order that the unit be sold and the proceeds divided. (ii) The court may order a sale instead of partition and divide the proceeds according to their shares. (iii) Ben may not deal with his half share at all without Clara's written consent. (iv) Once a sale is ordered, the court may direct someone to sign the transfer if Clara refuses.
- A(i), (ii) and (iv) only
- B(ii), (iii) and (iv) only
- C(i) and (iii) only
- D(ii) and (iv) only
Show answer & explanation
Answer
D. (ii) and (iv) only
Explanation
Answer: (ii) and (iv) only. Sale is a court discretion with consequential directions, not a right, and Ben's share is his own to deal with.(ii) True. The court may order a sale instead of partition, and sale with division by share is the usual order.(iv) True. The court may give consequential directions, including directing someone to execute the transfer.Rule: The court may order partition, or a sale instead, where necessary or expedient, with consequential directions. It is a discretion, not a right.Source: Supreme Court of Judicature Act 1969 s 18(2) and First Schedule para 2 (sso.agc.gov.sg, current version at 1 October 2026); Su Emmanuel v Emmanuel Priya Ethel Anne (Court of Appeal)
Why the other options are wrong
- (i) False. There is no absolute right. The court weighs the parties' relationship, the property and the prejudice to each side.
- (iii) False. A tenant in common's share is his own. Ben may deal with his undivided half without Clara's consent, though buyers for half a flat are rare.
Study the concept behind this question: Joint Tenancy vs Tenancy-in-Common (Singapore)
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