Does a partner have a right to claim ownership of a portion of a jointly owned property?
Saskatchewan, Canada
The following excerpt is from Canadian Pacific Railway v. Stewart; Stewart v. Currie, 1927 CanLII 189 (SK CA):
In the Encyclopaedia of the Laws of England, vol. 10, p. 437, the learned author states: The interest of partners in the partnership property is either that of tenants in common or joint-tenants without benefit of survivorship (if, indeed, there is any difference between the two). No partner has a right to take any portion of such property and say that it is his exclusively (Lingen v. Simpson [1824] 1 Sim. & St. 600, 57 E.R. 236).
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