Queensland Consolidated Acts

PROPERTY LAW ACT 1974 - SECT 35

35 Construction of dispositions of property to 2 or more persons together

(1) A disposition of the beneficial interest in any property, whether with or without the legal interest, to or for 2 or more persons together beneficially shall be construed as made to or for them as tenants in common, and not as joint tenants.

(2) This section does not apply—

(a) to persons who by the terms or by the tenor of the disposition are executors, administrators, trustees, or mortgagees, nor in any case where the disposition provides that persons are to take as joint tenants or tenants by entireties; and

(b) to a disposition for partnership purposes in favour of persons carrying on business in partnership.

(3) Subject to the provisions of the Partnership Act 1891 , a disposition for partnership purposes of an interest in any property in favour of persons carrying on business in partnership shall, unless a contrary intention appears, be construed as—

(a) a disposition (if any) of the legal interest to those persons as joint tenants; and

(b) a disposition (if any) of the beneficial interest to those persons as tenants in common.

(4) This section applies to any disposition made after the commencement of this Act.

(5) In this section—

"disposition" includes a disposition which is wholly or partly oral.