JA1. Transfer to unincorporated association

- A species of joint tenancy: members own assets beneficially but are contractually precluded from severing

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- "[47] The thread that runs through all these cases is that the property of an unincorporated association is the property of its members, but that they are contractually precluded from severing their share except in accordance with the rules of the association; and that, on its dissolution, those who are members at the time are entitled to the assets free from any such contractual restrictions. It is true that this is not a joint tenancy according to the classical model; but since any collective ownership of property must be a species of joint tenancy or tenancy in common this kind of collective ownership must, in my judgment, be a sub-species of joint tenancy, albeit taking effect subject to any contractual restrictions applicable as between members. In some cases (such as Cunnack v Edwards) those contractual restrictions may be such as to exclude any possibility of a future claim. In others they may not. The cases are united in saying that on a dissolution the members of a dissolved association have a beneficial interest in its assets, and Lord Denning goes as far as to say that it is a "beneficial equitable joint tenancy"..." (Hanchett-Stamford)

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Legislation: 

Cases: 

Hanchett-Stamford v. HM Attorney General [2008] EWHC 330, Lewison J;

HMRC manuals: 

Commentary: 

See also:

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