Question
Mr. and Mrs. Purple owned their matrimonial home as joint tenants.During their marriage, Mr. Purple demanded on several occasions that Mrs. Purple and her children
Mr. and Mrs. Purple owned their matrimonial home as joint tenants.During their marriage, Mr. Purple demanded on several occasions that Mrs. Purple and her children (Mr. Purple's stepchildren) leave, only to later reconcile.Prior to his death, the husband obtained a divorce and applied for division of the matrimonial home according to relevant legislation, but Mr. Purple died before the property division occurred.The Administrator of the estate applied for property division under the relevant legislation. The issue that arose was whether or not the home formed part of Mr. Purple's estate or whether it passed to Mrs. Purple by way of survivorship.
a. Read Dunn Estate v. Dunn, along with the course text book and determine whether the house formed part of Mr. Purple's estate or it passed to Mrs. Purple by way of survivorship.Be sure to explain your answer, and provide examples where appropriate. (worth five marks)
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