Publication Type
Journal Article
Version
publishedVersion
Publication Date
3-2022
Abstract
Joint tenancies are a common method of holding properties in Singapore, and yet, the issue in relation to enforcing writs of seizure and sale against a judgment debtor who owns a property on a joint tenancy with another is fraught with great legal and procedural uncertainty. This paper seeks to cut through the thicket of confusion by unpacking the various legal and procedural difficulties surrounding enforcing a judgment via a writ of seizure and sale against a judgment debtor who owns property as a joint tenant with another. Specifically, this article seeks to offer solutions to the practical difficulties of registering a writ of seizure and sale, effecting a sale in the face of a prior mortgagee’s objection and the issue of priorities in relation to the surplus of the sale proceeds.
Keywords
Joint Tenancies, Execution, Judgment, Writ of Seizure and Sale
Discipline
Estates and Trusts | Organizations Law
Research Areas
Private Law
Publication
Singapore Academy of Law Journal
Volume
34
Issue
1
First Page
151
Last Page
179
ISSN
0218-2009
Publisher
Singapore Academy of Law
Citation
TANG, Hang Wu.
A trap for the unwary: Enforcing writs of seizure and sale against joint tenancies. (2022). Singapore Academy of Law Journal. 34, (1), 151-179.
Available at: https://ink.library.smu.edu.sg/sol_research/3635
Copyright Owner and License
Authors
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.